Commonwealth Numbered Acts

PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (No. 2) 1997 No. 94, 1997 - SCHEDULE 7

Schedule 7-Amendment of the Quarantine Act 1908 1 Section 4
After "introduction", insert ", establishment". 2 Subsection 5(1) (definition
of goods)
Omit "and plants", insert ", plants, mail of any kind". 3 Paragraph 13(1)(e)
After "introduce", insert ", establish or spread". 4 Subsection 13(2A)
Repeal the subsection, substitute:

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

   (a)  prohibiting the importation into Australia or the Cocos Islands of any
        thing; or

   (b)  prohibiting the removal of any thing from any part of the Commonwealth
        to any other part of the Commonwealth or from any part of the Cocos
        Islands to any other part of the Cocos Islands; may provide that the
        importation or removal of that thing is prohibited unless a permit
        granting permission to import or remove that thing or a class of those
        things is granted by a Director of Quarantine. 5 Saving provision
If:

   (a)  a Proclamation made under subsection 13(1) of the Quarantine Act 1908
        before the day on which items 3 and 4 of this Schedule commence
        prohibited the importation into Australia or the Cocos Islands of any
        thing unless a permit granting permission to import that thing was
        granted by a Director of Quarantine or a person authorised in writing
        by a Director of Quarantine; and

   (b)  that Proclamation was not revoked before that day; then, on and after
        that day:

   (c)  the Proclamation continues to have effect as if it were a Proclamation
        made in accordance with subsection 13(2A)(a) of that Act as amended by
        this Act; and

   (d)  any permit granted under that Proclamation and not revoked before that
        day has effect as if it were a permit granted under the Proclamation
        as so continued in force. 6 Subsection 13(2B)
After "importation", insert "or removal". 7 After subsection 13(2B)
Insert:

(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 risk of the introduction, establishment or spread of diseases
        or pests attaching to the importation 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. 8 Subsection 13(3)
After "for the purpose of preventing the", insert "introduction, establishment
or". 9 Section 16
Repeal the section. 10 Subsection 29(2)
Omit ", goods, mails or loose letters", substitute "or goods". 11 After
section 63
Insert: 63A Provision of sustenance for animals in quarantine
The owner of an animal held, or to be held, in a quarantine station may agree
with the Commonwealth, on such terms and conditions as are set out in the
agreement, to provide sustenance for the animal during the period, or a part
of the period, while the animal is so held. 12 Section 78A
Repeal the section, substitute: 78A Cleansing etc. of vessels

(1) In this section:
Commonwealth includes the Cocos Islands.
installation means:

   (a)  an Australian installation; or

   (b)  a resources installation which is in Australian waters for the purpose
        of becoming attached to the Australian seabed; or

   (c)  a sea installation which is in Australian waters for the purpose of
        becoming installed in an adjacent area or in a coastal area.
internal waters, in relation to a State or an internal Territory, means the
area comprising the waters of the sea within the limits of the State or the
internal Territory and includes the space above or below that area.
vessel means:

   (a)  an Australian vessel; or

   (b)  a Cocos Islands vessel; or

   (c)  an overseas vessel that is:

        (i)    in the coastal area or the internal waters of a State or an
               internal Territory; and

        (ii)   is travelling to a port or a place in the Commonwealth; or

   (d)  a vessel in any port in the Commonwealth.

(2) If a quarantine officer reasonably believes that a vessel or an
installation is likely to be in an insanitary condition, or is likely to be
carrying diseases or pests, the officer may, by written order given to the
owner or master of the vessel or installation, require a specified process to
be carried out in respect of the vessel or installation in the manner
specified in the order.

(3) Without limiting subsection (2):

   (a)  the process that may be specified in an order includes:

        (i)    cleansing, disinfection, fumigation or other treatment of the
               vessel or installation for the purposes of preventing the
               introduction, establishment or spread of diseases or pests; or

        (ii)   production of samples of, or exchange or other treatment of,
               ballast water in a vessel; and

   (b)  the order may specify where the specified process is to be carried
        out.

(4) The person to whom an order under subsection (2) is given must not refuse
or fail to comply with the order. Penalty: 500 penalty units. Note: If a body
corporate is convicted of an offence, subsection  4B(3) of the Crimes Act 1914
allows a court to impose a fine of an amount that is not greater than 5 times
the maximum fine that could be imposed by a court on an individual convicted
of the same offence. 13 After subsection 86E(2AA)
Insert:

(2AB) The Minister may remit a part of a fee payable by a person in respect of
a quarantine service if he or she is satisfied that it is appropriate to do so
having regard to the fact that, during the whole or a part of the period that
an animal was held in a quarantine station, the person provided sustenance for
the animal in accordance with an agreement under section 63A. 14 After section
86E
Insert:
86F Compensation for acquisition of property

(1) If:

   (a)  the operation of this Act results in the acquisition of property from
        a person; and

   (b)  the Commonwealth and the person agree on an amount of compensation for
        the acquisition; the Commonwealth must pay the person the agreed
        amount of compensation.

(2) If:

   (a)  the operation of this Act results in the acquisition of property from
        a person; and

   (b)  the Commonwealth and the person do not agree on an amount of
        compensation for the acquisition; the Commonwealth must pay the person
        the amount of compensation (if any) that is determined by a court of
        competent jurisdiction.

(3) This section does not affect the operation of section 69A.

(4) In this section: acquisition of property means an acquisition of property
within the meaning of paragraph 51(xxxi) of the Constitution. 15 Subsection
87(1)
Omit "in particular for any of", substitute ", without limiting the generality
of the foregoing, may make regulations concerning". 16 Paragraphs 87(1)(b),
(c) and (d)
Repeal the paragraphs, substitute:

   (b)  for regulating and protecting quarantine stations, quarantine areas
        and places approved under section 46A and for prescribing measures of
        quarantine within any such stations, areas and places;

   (c)  for regulating or preventing the entry of persons into, or the exit of
        persons from, quarantine stations, quarantine areas and places
        approved under section 46A;

   (d)  for regulating or preventing the taking of animals, plants, goods or
        things into, or out of, quarantine stations, quarantine areas and
        places approved under section 46A; 17 Paragraph 87(1)(j)
Omit "or the spread,", substitute "or the establishment or spread,". 18
Paragraph 87(1)(k)
Repeal the paragraph, substitute:

   (k)  for regulating the discharge or removal from any vessel of any water
        (including ballast water), of any equipment or thing used for purposes
        associated with the transportation of animals, plants, goods or any
        other thing, or of any refuse; 19 Paragraph 87(1)(la)
After "measures to be taken", insert "(including measures relating to the
examination of animals, plants, goods or things, or of any equipment or thing
used for purposes associated with the transportation of animals, plants, goods
or any other thing and to the sampling of ballast water)". 20 Paragraph
87(1)(lb)
Repeal the paragraph, substitute:

   (lb) for prescribing measures to be taken in relation to a vessel engaged
        in navigation by air by:

        (i)    persons authorised by a Director of Quarantine; or

        (ii)   the master of the vessel; for the spraying, fumigation or
               disinfection of the vessel or any other measure of quarantine
               control in relation to the vessel before or after landing in
               Australia or the Cocos Islands; 21 Paragraph 87(1)(ra)
Repeal the paragraph, substitute:

   (ra) for prescribing matters relating to:

        (i)    the making of an application for a permission or authorisation
               (however described) under this Act or under the regulations,
               the procedures for consideration of such an application and the
               grant or refusal of such an application; and

        (ii)   the giving of a notice or declaration, or the making of a
               requirement, (however described), under this Act or under the
               regulations;

   (rb) for prescribing the manner in which a permission or authorisation, or
        a notice, declaration or requirement, referred to in paragraph (ra),
        may be produced to a person or body. 22 Paragraph 87(1)(s)
Omit "$2,000", substitute "50 penalty units". 23 Paragraph 87(1)(u)
Repeal the paragraph, substitute:

   (u)  for prescribing the circumstances in which reports are to be made in
        relation to vessels, the matters to be covered in those reports, and
        the persons by whom, and the manner in which, those reports are to be
        made; 24 Saving of regulations
Any regulation made, or purportedly made, for the purposes of a paragraph of
subsection 87(1) of the Quarantine Act 1908, before the day on which items 15
to 23 of this Schedule commence that has not been revoked, or purportedly
revoked, immediately before that day continues in force, on and after that
day, as if it had been made under that paragraph of that subsection of the
Quarantine Act 1908 as amended by this Act.