Quarantine Proclamation 1998 as amended




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Quarantine Proclamation 1998



as amended

made under section 13 of the

Quarantine Act 1908

This compilation was prepared on 14 November 2005


taking into account amendments up to Quarantine Amendment
Proclamation 2005 (No. 3)

Prepared by the Office of Legislative Drafting and Publishing,


Attorney-General’s Department, Canberra
Contents

Reader’s Guide

1 Warning!

1.1 This guide is intended only to help you to understand and use the Quarantine Proclamation 1998. It is not part of the law and is not intended to replace reading the proclamation itself. It is also not a complete summary of the law of quarantine in Australia.



2 What quarantine is all about

2.1 Quarantine is about controls to maintain Australia’s privileged human, animal and plant health status. Australians generally benefit from a natural environment that, compared to other countries, is relatively free of many debilitating pests and diseases of humans, animals and plants. Effective and efficient quarantine controls enhance the quality of life of all Australians by protecting public health, contributing to Australia’s comparative advantage in agricultural production, reducing the need to use chemicals to prevent and control pests and diseases, protecting native flora and fauna and promoting Australia as a tourist attraction.

2.2 There are Commonwealth, State and Territory laws regulating quarantine. Under the Constitution the Commonwealth does not have exclusive power to make laws in relation to quarantine. Accordingly, Commonwealth and State laws on quarantine co-exist. However, under s 109 of the Constitution, if a state law is inconsistent with a Commonwealth law the Commonwealth law prevails and the State law is invalid. State and Territory laws are not dealt with in this Guide. (For information on the law of a State and Territory, refer to the relevant State or Territory agency.)

3 The Quarantine Act 1908

3.1 The principal Commonwealth legislation regulating quarantine is the Quarantine Act 1908 (the Quarantine Act). The Quarantine Act has broad coverage over matters of quarantine concern in Australia. In particular, s 4 of the Quarantine Act describes the scope of quarantine as follows:



4 Scope of quarantine

(1) In this Act, quarantine includes, but is not limited to, measures:

(a) for, or in relation to:

(i) the examination, exclusion, detention, observation, segregation, isolation, protection, treatment and regulation of vessels, installations, human beings, animals, plants or other goods or things; or

(ii) the seizure and destruction of animals, plants, or other goods or things; or

(iii) the destruction of premises comprising buildings or other structures when treatment of these premises is not practicable; and

(b) having as their object the prevention or control of the introduction, establishment or spread of diseases or pests that will or could cause significant damage to human beings, animals, plants, other aspects of the environment or economic activities.

(2) Without otherwise limiting the nature of any quarantine measure, or measure incidental to quarantine:

(a) by way of a direction that a person may be authorised to give; or

(b) by way of an action that a person may be authorised to take;

either as a result of a Ministerial authorisation under subsection 3(1) or as a result of an authorisation by the executive head of a national response agency under subsection 3(2), that direction or action must be no more than is reasonably appropriate and adapted:

(c) to the control and eradication of the epidemic; or

(d) to the removal of the danger of the epidemic;

in respect of which the authorisation was given.

3.2 The Quarantine Act provides for certain matters to be dealt with by subordinate legislation (that is, Proclamations, Regulations and determinations). There is 1 set of Regulations made under the Quarantine Act: the Quarantine Regulations 2000. This Proclamation is 1 of 3 Quarantine Proclamations now in force. The 2 other Proclamations are the Quarantine (Christmas Island) Proclamation 2004 and
the Quarantine (Cocos Islands) Proclamation 2004. The Quarantine Act, Regulations and Proclamations can be accessed through the Australian Quarantine and
Inspection Service Internet site at www.aqis.gov.au/law/index.htm or from the SCALEplus website (maintained by the Attorney-General’s Department) at http://www.comlaw.gov.au/.

4 Does the Act extend to the External Territories?

4.1 The Quarantine Act extends to some, but not all, of the external territories. (If an Act ‘extends to’ an external Territory, it applies in it.) The following table sets out whether the Quarantine Act extends to each external Territory:




Territory

Whether the Quarantine Act extends

Ashmore and Cartier Islands

Yes — see s 6AB

Australian Antarctic Territory

No — see s 17 (a) of the Acts Interpretation Act 1901

Christmas Island

Yes — see s 6

Cocos (Keeling) Islands

Yes — see s 6

Coral Sea Islands

No — see s 17 (a) of the Acts Interpretation Act 1901

Heard Island and McDonald Islands

No — see s 17 (a) of the Acts Interpretation Act 1901

Norfolk Island

No — see s 17 (a) of the Acts Interpretation Act 1901

5 Authority for this Proclamation

5.1 Sections 13, 13A and 14 of the Quarantine Act, so far as relevant, are as follows:



13 Proclamation of ports of entry etc.

(1) The Governor General may, by proclamation:

(a) declare any ports in Australia to be first ports of entry for overseas vessels; or

(aaa) declare any ports in the Cocos Islands to be first Cocos Islands ports of entry for overseas vessels; or

(aab) declare any ports in Christmas Island to be first Christmas Island ports of entry for overseas vessels; or

(aa) declare any place or area in Australia, the Cocos Islands or Christmas Island to be a landing place for aircraft; or

(b) declare any ports in Australia, the Cocos Islands or Christmas Island to be ports where imported animals, plants or other goods, or imported animals, plants or other goods of a particular kind or description or having a particular use, may be landed; or

(c) appoint places on land or sea to be quarantine stations for the performance of quarantine by vessels, persons, goods, animals, or plants; or

(ca) declare a disease or pest to be a quarantinable disease or quarantinable pest, as the case may be; or

(d) prohibit the introduction or importation into Australia, into the Cocos Islands, or into Christmas Island, of any disease or pest or any substance, article or thing containing, or likely to contain, any disease or pest; or

(e) prohibit the importation into Australia, into the Cocos Islands, or into Christmas Island, of any articles or things likely, in his or her opinion, to introduce, establish or spread any disease or pest; or

(f) prohibit the importation into Australia, into the Cocos Islands, or into Christmas Island, of any animals, plants or other goods, or any parts of animals or plants; or

(fa) prohibit the bringing into any port or other place in Australia, the Cocos Islands or into Christmas Island of any animals, plants or other goods, or any parts of animals of plants; or

(g) prohibit the removal of any animals, plants or other goods, or any parts of animals or plants:

(i) from any part of the Commonwealth to any other part of the Commonwealth; or

(ii) from any part of the Cocos Islands to any other part of the Cocos Islands; or

(iii) from any part of Christmas Island to any other part of Christmas Island; or

(ga) prohibit the removal of any animals, plants or other goods, or any parts of animals or plants:

(i) from Australia or a part of Australia to the Cocos Islands or a part of the Cocos Islands; or

(ii) from the Cocos Islands or a part of the Cocos Islands to Australia or a part of Australia; or

(gb) prohibit the removal of any animals, plants or other goods or any parts of animals or plants:

(i) from Australia or a part of Australia to Christmas Island or a part of Christmas Island; or

(ii) from Christmas Island or a part of Christmas Island to Australia or a part of Australia; or

(gc) prohibit the removal of any animals, plants or other goods, or parts of animals or plants:

(i) from the Cocos Islands or a part of the Cocos Islands to Christmas Island or a part of Christmas Island; or

(ii) from Christmas Island or a part of Christmas Island to the Cocos Islands or a part of the Cocos Islands; or

(h) declare any part of the Commonwealth, of the Cocos Islands, or of Christmas Island in which any disease or pest exists, or is suspected to exist, to be a quarantine area; or

(i) declare that any vessel, people, animals, plants or other goods in any quarantine area, or in any part of the Commonwealth, of the Cocos Islands or of Christmas Island in which a disease or pest exists, or is suspected to exist, are to be subject to quarantine.

(1A) The power to declare first ports of entry shall extend to authorize the declaration of a port to be a first port of entry for all overseas vessels, or for overseas vessels from any particular place, or for any class of overseas vessels.

(1B) The power to declare first Cocos Islands ports of entry shall extend to authorize the declaration of a port to be a first Cocos Islands port of entry for all overseas vessels, or for overseas vessels from any particular place, or for any class of overseas vessels.

(1C) The power to declare first Christmas Island ports of entry extends to authorize the declaration of a port to be a first Christmas Island port of entry for all overseas vessels, or for overseas vessels from any particular place, or for any class of overseas vessels.

(2) The power of prohibition under this section shall extend to authorize prohibition generally or as otherwise provided by the instrument authorising the prohibition, including prohibition either absolutely or subject to any specified conditions or restrictions.

(2A) A Proclamation under subsection (1):

(a) prohibiting the introduction into Australia, the Cocos Islands or Christmas Island of any thing; or

(b) prohibiting the importation into Australia, the Cocos Islands or Christmas Island of any thing; or

(c) prohibiting the bringing into a port or other place in Australia, the Cocos Islands or Christmas Island of any thing; or

(d) prohibiting the removal of any thing:

(i) from a part of Australia to another part of Australia; or

(ii) from a part of the Cocos Islands to another part of the Cocos Islands; or

(iii) from Australia or a part of Australia to the Cocos Islands or a part of the Cocos Islands or from the Cocos Islands or a part of the Cocos Islands to Australia or a part of Australia; or

(iv) from a part of Christmas Island to another part of Christmas Island; or

(v) from Australia or a part of Australia to Christmas Island or a part of Christmas Island or from Christmas Island or a part of Christmas Island to Australia or a part of Australia; or

(vi) from Christmas Island or a part of Christmas Island to the Cocos Islands or a part of the Cocos Islands or from the Cocos Islands or a part of the Cocos Islands to Christmas Island or a part of Christmas Island;

may provide that the introduction, importation, bringing or removal of the thing is prohibited unless a permit to introduce, import, bring or remove the thing is granted by a Director of Quarantine.

(2AA) A Director of Quarantine may, for the purposes of subsection (2A), grant a permit that relates to a specified act, or a specified class of acts, in relation to a specified thing or a specified class of things.

(2B) A permit granted pursuant to a proclamation made in accordance with subsection (2A) may be granted subject to compliance with conditions or requirements, either before or after the introduction, importation, bringing or removal of the thing to which the permit relates, by the holder of the permit, being conditions or requirements set out in the permit.

(2C) If, after the grant of a permit under a Proclamation made in accordance with subsection (2A), a Director of Quarantine is satisfied:

(a) that the level of quarantine risk in respect of the introduction, importation, bringing or removal of the thing or class of things to which the permit relates has altered; or

(b) that the person to whom the permit was granted has breached a condition of the permit;

that Director of Quarantine may, by notice in writing given to the person to whom the permit was issued, revoke the permit.

(3) The powers conferred on the Governor General by this section, in relation to the matters specified in paragraphs (1)(g), (ga), (gb), (gc), (h) and (i), so far as they relate to vessels, people, animals, plants or other goods, or any disease or pest, are exercisable in relation to the Commonwealth, the Cocos Islands or Christmas Island only if the Governor General is satisfied that the exercise of the powers is necessary for the purpose of preventing the introduction, establishment or spread of a disease or pest.

(4) Where there is in force a Proclamation (in this subsection referred to as the relevant Proclamation) under subsection (1) (whether made before or after the commencement of this subsection) prohibiting the importation into Australia of any animals, plants or other goods, the Governor General may, by Proclamation (in this subsection referred to as the exempting Proclamation), either generally or subject to such conditions or restrictions as are specified in the exempting Proclamation, exempt from the operation of the relevant Proclamation animals, plants or other goods of a kind specified in the exempting Proclamation, being animals, plants or other goods that:

(a) are brought into a part of Australia that is in the Protected Zone or in an area in the vicinity of the Protected Zone on board a Protected Zone vessel; and

(b) are owned by, or are under the control of, a traditional inhabitant who is on board that vessel and have been used, are being used or are intended to be used by him or her in connection with the performance of traditional activities in the Protected Zone or in an area in the vicinity of the Protected Zone.

(5) A Proclamation made under subsection (1) may, either generally or subject to such conditions or restrictions as are specified in the Proclamation, exempt from the operation of the Proclamation any animals, plants or other goods specified in the Proclamation, being animals, plants or other goods in respect of which an exemption may be granted under subsection (4).

(6) If there is in force a Proclamation (the relevant Proclamation) under subsection (1) (whether made before or after the commencement of this subsection) prohibiting:

(a) the bringing into a port or other place in Australia of any animals, plants or other goods; or

(b) the removal of any animals, plants or other goods:

(i) from a part of Australia to another part of Australia; or

(ii) from a part of the Cocos Islands to another part of the Cocos Islands; or

(iii) from Australia or a part of Australia to the Cocos Islands or a part of the Cocos Islands; or

(iv) from the Cocos Islands or a part of the Cocos Islands to Australia or a part of Australia; or

(v) from a part of Christmas Island to another part of Christmas Island; or

(vi) from Australia or a part of Australia to Christmas Island or a part of Christmas Island; or

(vii) from Christmas Island or a part of Christmas Island to Australia or a part of Australia; or

(viii) from Christmas Island or a part of Christmas Island to the Cocos Islands or a part of the Cocos Islands; or

(ix) from the Cocos Islands or a part of the Cocos Islands to Christmas Island or a part of Christmas Island;

the Governor General may, by Proclamation (the exempting Proclamation), either generally or subject to such conditions or restrictions as are specified in the exempting Proclamation, exempt from the operation of the relevant Proclamation animals, plants or other goods of a kind specified in the exempting Proclamation, being animals, plants or other goods that:

(c) are brought or removed, on board a Protected Zone vessel, from a part of Australia that:

(i) is in the Protected Zone; or

(ii) is in an area in the vicinity of the Protected Zone; or

(iii) is in a Special Quarantine Zone; and

(d) are owned by, or are under the control of, a traditional inhabitant who is on board that vessel.

(7) A Proclamation made under subsection (1) may, either generally or subject to such conditions or restrictions as are specified in the Proclamation, exempt from the operation of the Proclamation any animals, plants or other goods specified in the Proclamation, being animals, plants or other goods in respect of which an exemption may be granted under subsection (6).



13A Emergency quarantine grounds

The Minister may appoint any place to be a temporary quarantine station for such period as he or she thinks necessary, for the performance of quarantine by any vessel, installation, persons, goods, animals, or plants, and the place so appointed shall be deemed to be a quarantine station accordingly.



14 Exemption of certain vessels and goods

The Governor General may exempt, for such time and subject to such conditions as he or she thinks fit, from all or any of the provisions of this Act:

(a) any ship of war; and

(b) any vessels trading exclusively:

(i) between Australian ports; or

(ia) between Australian ports and Australian installations; or

(ii) between ports in the Cocos Islands; or

(iii) between Australia and New Zealand; or

(iv) between Australia and Fiji; or

(v) between Australia and the Cocos Islands; or

(va) between ports in Christmas Island; or

(vb) between Australia and Christmas Island; or

(vc) between the Cocos Islands and Christmas Island; or

(vi) between Australia and another place adjacent to Australia; and

(c) any particular vessel or class of vessels; and

(d) any persons, animals, plants or goods or any classes of persons, animals, plants or other goods.



6 How this Proclamation is arranged

6.1 Most of this Proclamation is about things that cannot be imported into Australia. There are also some restrictions on the movement of things within Australia. If a Part contains restrictions on moving things within Australia, those restrictions are in a separate Division. All of the Parts and Divisions have self explanatory headings that are repeated as running headings at the top of each page within the Part or Division.

6.2 The Proclamation is organised into Parts as follows:


  • Parts 1, 2 and 2A — preliminary and general matters

  • Part 3 — human quarantine

  • Parts 4 and 5 — some miscellaneous matters that do not fit easily into human, animal or plant quarantine

  • Part 6 — animal quarantine

  • Part 7 — plant quarantine

  • Parts 8 and 10 — administrative matters.

6.3 Some of the Parts are divided into Divisions, as mentioned above.

6.4 Following Part 10 are the Schedules, which set out lengthy material that cannot be conveniently put into the main text of this Proclamation.

6.5 This proclamation is arranged so that you do not need to look for other documents to understand it. Where it refers to other Commonwealth or State legislation or Gazette notices, an extract from the relevant legislation or notice has been included (if possible) as a note in the text. There are many other notes giving, for example, references to relevant provisions of the Quarantine Act.

7 How do I find the meaning of words used in this Proclamation?

7.1 If a word or term used in this Proclamation has a special meaning, it will often be defined in s 3 of the Proclamation or in s 5 of the Quarantine Act. If a term is used only in one provision, you may find a definition of it in that provision.

7.2 Normally, a term used in the Quarantine Act (even if not defined there) has the same meaning in this Proclamation. An exception is Torres Strait Special Quarantine Zone. Since 23 June 2000, the Quarantine Act has used the term Special Quarantine Zone with a particular meaning (for which, see ss 5 and 5A of that Act), but the term has a long history of use, with a somewhat different meaning, for a particular part of Australia near Torres Strait. In this Proclamation, the term Torres Strait Special Quarantine Zone is used (defined in s 3) with the latter meaning.

8 What status has a particular port under this Proclamation?

8.1 Many ports in Australia are proclaimed as first ports of entry, and many airports are declared to be landing places for aircraft. The following tables list the ports that are first ports of entry (in alphabetical order), and the airports that are landing places for aircraft (also in alphabetical order). The tables also show whether imported animals, plants or goods may be landed at each port or airport, and indicate any limitations that apply. If there is no entry in the table for animals, plants or goods for a particular port or airport, imported animals, plants or goods (as the case may be) cannot be landed there.



8.2 For full information see the relevant sections and tables in the Proclamation, as follows:

  • Ports that are first ports of entry for vessels other than aircraft — table 1 in s 8

  • First ports of entry and landing places for aircraft — table 2 in s 9

  • Ports where imported animals generally may be landed — table 3 in s 10

  • ports at which imported animals of particular kinds, or having particular descriptions, may be landed — table 4 in s 11

  • ports at which imported plants generally may be landed — table 5 in s 12

  • ports at which imported plants of particular kinds, or having particular descriptions, may be landed — table 6 in s 13

  • ports where imported goods (other than animals or plants) generally may be landed — table 6A in s 13A

  • ports where imported goods other than waste may be landed — table 6B in s 13A

  • Ports where particular kinds of imported goods, or goods having particular uses, may be landed — table 6C in s 13B

  • Ports where personal effects that are accompanied passenger baggage may be landed — table 6D in s 13B.

Ports in Australia that are first ports of entry for vessels other than aircraft

Port

Can imported animals be landed there?

Can imported plants be landed there?

Can imported goods of other kinds be landed there?

Ports in New South Wales

Coffs Harbour










Lord Howe Island










Newcastle




Yes

Yes

Port Botany, Sydney

Yes

Yes

Yes

Port Jackson, Sydney

Yes

Yes

Yes

Port Kembla




Grain only (see table 6 in s 13)

Yes

Twofold Bay










Yamba




Sawn timber from Norfolk Island or New Zealand only

Kentia palm seed from Norfolk Island

(see table 6 in s 13)


Personal effects, as accompanied baggage, only (see table 6D in s 13B)

Ports in Victoria

Geelong




Yes

Yes

Melbourne

Yes

Yes

Yes

Portland







Fertiliser only (see table 6C in s 13B)

Westernport










Ports in Queensland

Abbot Point










Brisbane

Yes

Yes

Yes

Bundaberg

Cats and dogs from New Zealand only (see table 4 in s 11)




Yes

Cairns

Cats and dogs from New Zealand only

Fish


(see table 4 in s 11)

Yes

Yes

Dalrymple Bay

see Hay Point

Gladstone

Cats and dogs from New Zealand only (see table 4 in s 11)

Yes

Yes

Hay Point (including Dalrymple Bay)







Personal effects, as accompanied baggage, only (see table 6D in s 13B)

Lucinda










Mackay







Yes

Mourilyan Harbour







Personal effects, as accompanied baggage, only (see table 6D in s 13B)

Port Alma




Yes

Yes

Thursday Island

Dead fish only (see table 4 in s 11)

Certain kinds only (see table 6 in s 13)

Personal effects, as accompanied baggage, only (see table 6D in s 13B)

Townsville

Cats and dogs from New Zealand only

Fish


(see table 4 in s 11)

Yes

Yes

Weipa







Personal effects, as accompanied baggage, only (see table 6D in s 13B)

Ports in South Australia

Ardrossan










Cape Thevenard







Fertiliser and waste only (see table 6C in s 13B)

Port Adelaide

Yes

Yes

Yes

Port Bonython







Ballast water and waste only (see table 6C in s 13B)

Port Giles










Port Lincoln

Dead fish only (see table 4 in s 11)




Fertiliser and waste only (see table 6C in s 13B)

Port Pirie







Yes

Port Stanvac







Bulk oil products and waste only (see table 6C in s 13B)

Wallaroo







Fertiliser and waste only (see table 6C in s 13B)

Whyalla







Yes

Ports in Western Australia

Albany







Yes

Broome




Yes




Bunbury




Yes

Yes

Carnarvon










Dampier




Yes

Yes

Derby










Esperance







Yes

Exmouth










Fremantle

Yes

Yes

Yes

Geraldton




Yes

Yes

Port Hedland




Yes

Yes

Port Walcott










Wyndham










Ports in Tasmania

Beauty Point

see Launceston

Bell Bay

see Launceston

Burnie




Yes

Yes

Devonport




Yes




Hobart (including Risdon and Selfs Point)

Yes

Yes

Yes

Launceston (including Beauty Point and Bell Bay)

Cats and dogs from New Zealand only (see table 4 in s 11)

Yes

Yes

Port Huon










Port Latta










Spring Bay










Stanley




Yes




Ports in the Northern Territory

Darwin

Cats and dogs from New Zealand only (see table 4 in s 11)

Yes

Yes

Gove (Nhulunbuy)

Yes




Yes, except waste (see table 6B in s 13A)

Groote Eylandt







Yes

Nhulunbuy

see Gove

Airports in Australia that are landing places for aircraft

Airport

Can imported animals be landed there?

Can imported plants be landed there?

Can imported goods of other kinds be landed there?

Airports in the Australian Capital Territory

Canberra International Airport

Cats and dogs from New Zealand only (see table 4 in s 11)

Yes

Personal effects, as accompanied baggage, only (see table 6D in s 13B)

RAAF Base, Fairbairn

Cats and dogs from New Zealand only (see table 4 in s 11)

Yes

Personal effects, as accompanied baggage, only (see table 6D in s 13B)

Airports in New South Wales

HMAS Albatross







Personal effects, as accompanied baggage, only (see table 6D in s 13B)

Kingsford-Smith Airport, Sydney

Yes

Yes

Yes

Lord Howe Island Airport







Personal effects, as accompanied baggage, only (see table 6D in s 13B)

RAAF Base, Richmond







Yes

RAAF Base, Williamtown







Personal effects, as accompanied baggage, only (see table 6D in s 13B)

Airports in Victoria

Avalon Airport







Personal effects, as accompanied baggage, only (see table 6D in s 13B)

Essendon Airport










RAAF Base, Laverton










Tullamarine Airport

Yes

Yes

Yes

Airports in Queensland

Brisbane Airport

Yes

Yes

Yes

Cairns

Animals from New Zealand only

Fish


(see table 4 in s 11)

Yes

Yes

Coolangatta Airport










Horn Island Airport

Dead fish (see table 4 in s 11)




Personal effects, as accompanied baggage, only (see table 6D in s 13B)

RAAF Base, Amberley







Yes

Townsville Airport

Cats and dogs from New Zealand only

Fish


(see table 4 in s 11)

Yes

Yes

Airports in South Australia

Adelaide Airport

Yes

Yes

Yes

RAAF Base, Edinburgh







Yes

Airports in Western Australia

Broome Airport




Yes

Yes

Learmonth Airport










Perth Airport

Yes

Yes

Yes

Port Hedland Airport




Yes

Yes, except waste (see table 66B in s 13A)

RAAF Base, Pearce










Airports in Tasmania

Hobart Airport

Yes

Yes

Yes

Airports in the Northern Territory

Alice Springs







Yes

Darwin Airport

Cats and dogs from New Zealand only (see table 4 in s 11)

Yes

Yes

RAAF Base, Katherine







Yes, except waste (see table 66B in s 13A)

RAAF Base, Tindal










9 What are the consequences of illegal importation?

9.1 The Quarantine Act creates offences for importing things in contravention of the Quarantine Act or this Proclamation, and for failing to comply with conditions attached to permits granted under this Proclamation. The Quarantine Act also provides for seizure of illegally imported things. The relevant provisions in the Quarantine Act are set out below:



67 Penalties for certain acts done in contravention of Act

Basic illegal importation offence

(1) A person is guilty of an offence against this subsection if:

(a) the person imports, introduces, or brings into any port or other place in Australia, the Cocos Islands or Christmas Island any thing; and

(b) the person knows that the thing is:

(i) a disease or pest; or

(ii) a substance or article containing a disease or pest; or

(iii) an animal, plant or other goods; and

(c) the importation, introduction or bringing in of the thing is in contravention of this Act.

Maximum penalty:    Imprisonment for 10 years.

Strict liability applies to paragraph (1)(c)

(2) For the purposes of an offence against subsection (1), strict liability applies to paragraph (1)(c).



Aggravated illegal importation offence

(3) A person is guilty of aggravated illegal importation if:

(a) the person imports, introduces, or brings into any port or other place in Australia, the Cocos Islands or Christmas Island any thing; and

(b) the person knows that the thing is:

(i) a disease or pest; or

(ii) a substance or article containing a disease or pest; or

(iii) an animal, plant or other goods; and

(c) the importation, introduction or bringing in of the thing is in contravention of this Act; and

(d) the person obtains, or is likely to obtain, a commercial advantage over the person’s competitors or potential competitors.

Maximum penalty:

(a) if the offender is an individual—imprisonment for 10 years or a fine of 2,000 penalty units, or both; and

(b) if the offender is a body corporate—a fine of 10,000 penalty units.



Examples of commercial advantage

(4) The following are examples of a commercial advantage as referred to in subsection (3):

(a) the avoidance of business costs associated with obtaining an import permit or meeting quarantine requirements; or

(b) the avoidance of delays necessarily involved in compliance with applicable quarantine measures.



Strict liability applies to paragraph (3)(c)

(4A) For the purposes of an offence against subsection (3), strict liability applies to paragraph (3)(c).



Illegal removal offence

(4B) A person is guilty of an offence against this subsection if:

(a) the person removes any thing:

(i) from a part of Australia to another part of Australia; or

(ii) from a part of the Cocos Islands to another part of the Cocos Islands; or

(iii) from Australia to the Cocos Islands; or

(iv) from the Cocos Islands to Australia; or

(v) from a part of Christmas Island to another part of Christmas Island; or

(vi) from Australia to Christmas Island; or

(vii) from Christmas Island to Australia; or

(viii) from Christmas Island to the Cocos Islands; and

(b) the person knows that the thing is an animal, plant or other goods; and

(c) the removal of the thing is in contravention of this Act.

Maximum penalty:    Imprisonment for 10 years.



Strict liability applies to paragraph (4B)(c)

(4C) For the purposes of an offence against subsection (4B), strict liability applies to paragraph (4B)(c).



Non compliance with condition of permit granted under Proclamation

(5) A person is guilty of an offence if:

(a) the person fails to comply with a condition or restriction set out in a permit granted under a Proclamation made in accordance with subsection 13(2A); and

(b) the person is reckless as to whether or not the condition or restriction is complied with.

Maximum penalty:   Imprisonment for 10 years.

Hindering compliance with Act

(6) A person is guilty of an offence if the person:

(a) does any act that hinders or prevents another person from complying with this Act; and

(b) is reckless as to whether or not the doing of that act hinders or prevents the other person from complying with this Act.

Maximum penalty:   Imprisonment for 10 years.

68 Effect of unlawful importation etc.

Circumstances in which section applies

(1) This section applies if:

(a) any animals, plants or other goods are imported or introduced into, or brought into any port or other place in, Australia, the Cocos Islands or Christmas Island; or

(b) any animals, plants or other goods are removed:

(i) from a part of Australia to another part of Australia; or

(ii) from a part of the Cocos Islands to another part of the Cocos Islands; or

(iii) from Australia to the Cocos Islands; or

(iv) from the Cocos Islands to Australia; or

(v) from a part of Christmas Island to another part of Christmas Island; or

(vi) from Australia to Christmas Island; or

(vii) from Christmas Island to Australia; or

(viii) from Christmas Island to the Cocos Islands; or

(ix) from the Cocos Islands to Christmas Island; or

(c) any animals, plants or other goods are moved, interfered with or dealt with;

in contravention of this Act.

Seizure of goods

(2) A quarantine officer may seize the animals, plants or goods and, if they are seized:

(a) they are forfeited to the Commonwealth; and

(b) the quarantine officer must give a notice to a person referred to in subsection (4) stating that they have been seized and forfeited to the Commonwealth and that they will be sold, destroyed, exported from Australia, the Cocos Islands or Christmas Island or otherwise disposed of in any way that a Director of Quarantine thinks appropriate; and

(c) a Director of Quarantine may cause the animals, plants or goods to be sold, destroyed, exported from Australia, the Cocos Islands or Christmas Island or otherwise disposed of.

Notice by Director of Quarantine where goods not seized

(3) If the animals, plants or goods have not been seized under subsection (2), a Director of Quarantine may give a notice to a person referred to in subsection (4) stating that they will be seized, sold, destroyed, exported from Australia, the Cocos Islands or Christmas Island or otherwise disposed of in any way that the Director thinks appropriate unless, within a period set out in the notice:

(a) they are destroyed, exported from Australia, the Cocos Islands or Christmas Island, as the case may be, or otherwise dealt with in a way set out in the notice; and

(b) any other requirements set out in the notice relating to the animals, plants or goods are complied with.



Person to whom notice may be given

(4) A notice under subsection (2) or (3) may be given:

(a) in respect of animals, plants or other goods imported or introduced into, or brought into any port or other place in, Australia, the Cocos Islands or Christmas Island —to the importer or consignee of the goods; or

(b) otherwise—to the owner, or the person in possession or control, of the animals, plants or goods.



Notice must not require action involving unacceptably high level of risk

(5) A Director of Quarantine must not give a notice under subsection (3) if the Director is not satisfied that:

(a) if the animals, plants or goods are dealt with in the way set out in the notice, there will be no unacceptably high level of quarantine risk; or

(b) the person will either comply with the notice or tell the Director within the period set out in the notice that the person does not wish to deal with the goods as required by the notice.



Authorised action will not contravene Act

(6) If, the animals, plants or goods have not been released from quarantine, any movement of, interference with, or dealing with, them that is necessary to comply with the notice is not a contravention of this Act.



Liability for things done before notice not affected

(7) Any civil or criminal liability of the person to whom a notice is given because of a contravention of this Act that occurred in relation to the animals, plants or goods before the notice is given is not affected by the giving of the notice.



Further notice may be given

(8) At any time before the person to whom a notice under subsection (3) is given complies with the notice, a Director of Quarantine may give a further notice to the person amending or revoking the notice. If the notice is amended, this section applies to the notice as amended in the same way as it applied to the original notice.



If notice is not complied with

(9) If a notice is given to a person under subsection (3) within the period prescribed by the regulations for the purposes of this subsection, but the person:

(a) does not comply with the notice within the period specified in it; or

(b) tells a Director of Quarantine within that period that the person does not wish to deal with the goods as required by the notice;

the following provisions have effect:

(c) the animals, plants or goods are forfeited to the Commonwealth; and

(d) an officer or an officer of Customs may seize them; and

(e) a Director of Quarantine may cause them to be sold, destroyed, exported from Australia, the Cocos Islands or Christmas Island or otherwise disposed of.



68A Destruction of certain animals

If:


(a) an animal has been brought into a port or other place in Australia, the Cocos Islands or Christmas Island but the animal was not intended, or is not permitted, to be imported into Australia, the Cocos Islands or Christmas Island, as the case may be; and

(b) the master of a vessel or installation fails to comply with:

(i) a direction given by a Director of Quarantine with respect to the animal; or

(ii) any of the prescribed conditions relating to the giving of reports about the animal, or relating to the control or confinement of, or the giving of access to, the animal;

a quarantine officer may destroy the animal.

10 What happened to earlier proclamations?

10.1 Many proclamations have been made under the Quarantine Act since 1908 — some 150 in all. All the proclamations made before 1998 under ss 5 (definitions of: disease in relation to animals; disease in relation to plants; and quarantinable disease), 12 13 and 14 of that Act were revoked by the Quarantine Proclamation 1998. However, permits granted under a revoked proclamation are taken to continue in force according to their terms (see s 75 of this Proclamation).


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