Commonwealth Numbered Acts

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT 21

21. After section 74B of the Principal Act, the following section is inserted:
Powers of search relating to domestic animals in the Cocos Islands

''74BA. (1) A quarantine officer may, with the consent of the occupier of any
land or premises in the Cocos Islands, enter the land or premises and exercise
the functions of a quarantine officer under this section.

''(2) Where a quarantine officer has reasonable grounds to believe that there
may be, at that time or within the next following 24 hours, upon any land, or
upon or in any premises, in the Cocos Islands a domestic animal, the
quarantine officer may apply to a Justice of the Peace for a warrant
authorizing the quarantine officer to enter the land or premises and to
exercise the functions of a quarantine officer under this section in relation
to that land or those premises.

''(3) If, on an application under sub-section (2), the Justice of the Peace is
satisfied, by information on oath or affirmation, that-

   (a)  there are reasonable grounds for believing that there may be, at that
        time or within the next following 24 hours, upon that land or upon or
        in those premises, a domestic animal; and

   (b)  the issue of a warrant is reasonably required for the purposes of this
        Act, the Justice of the Peace shall grant a warrant authorizing the
        quarantine officer, with such assistance as the quarantine officer
        thinks necessary and if necessary by force, to exercise the functions
        of a quarantine officer under this section in relation to that land or
        those premises.

''(4) A warrant issued under this section shall-

   (a)  state whether entry is authorized to be made at any time of the day or
        night or during specified hours of the day or night; and

   (b)  specify a date, not being later than one month after the day of issue,
        upon which the warrant ceases to have effect.

''(5) The functions of a quarantine officer under this section in relation to
land or premises are-

   (a)  to search the land or premises for domestic animals and, for that
        purpose, to break open and search any cupboard, drawer, chest, trunk,
        box, package or other receptacle, whether a fixture or not, upon the
        land or upon or in the premises;

   (b)  where a domestic animal is found upon the land or upon or in the
        premises-

        (i)    to cause an examination of the domestic animal and of the land
               or premises to be carried out to ensure that the animal is
               healthy and that the land or premises is or are clean and free
               from infection;

        (ii)   to take whatever measures are required to improve the health of
               the domestic animal, including the disinfection, vaccination,
               testing and veterinary treatment of the domestic animal;

        (iii)  to take whatever measures are required to clean and disinfect
               the land or premises; and

        (iv)   to give to any person upon the land or upon or in the premises
               any directions that the quarantine officer considers necessary
               to enable him to carry out the functions referred to in
               sub-paragraphs (i), (ii) and (iii).

''(6) A person shall not, without reasonable excuse, fail to comply with a
direction given to him under sub-paragraph (5) (b) (iv).

Penalty: $2,000.

''(7) Nothing in this section authorizes the exclusion of the occupier of land
or premises from that land or those premises while the land or premises is or
are being searched.

''(8) Nothing in this section authorizes the exclusion from a dwelling of a
person who usually resides in that dwelling.

''(9) This section does not limit the powers of a quarantine officer or any
other person under any other provision of this Act.''.