faolexa database of national legislation and international agreements concerning food and agriculture (including fisheries, forestry and water) maintained by the FAO Legal Office
Quarantine Act 1908.
An Act relating to Quarantine.
Link to full text 
FAOLEX Id: LEX-FAOC005831
Countries: Australia
Regions: OCEANIA;Australia and New Zealand;South Pacific;Indian Ocean
Territorial Subdivision: Commonwealth
Date of original Text: 1908-
Date of Consolidation: 26/11/2008
Implemented by: LEX-FAOC005835 Quarantine (Animals) Regulations. 01/09/1995
Implemented by: LEX-FAOC005838 Quarantine (General) Regulations. 17/12/1999
Implemented by: LEX-FAOC006363 Quarantine (Plants) Regulations. 30/11/1991
Implemented by: LEX-FAOC006418 Quarantine (Cocos Islands) Regulations 1982. 05/04/2002
Implemented by: LEX-FAOC033608 Quarantine Regulations 2000. 25/06/2008
Related Web Site: www.austlii.edu.au
Type of Text: Legislation
Abstract: The sections of this Act are divided into 11 Parts: Introductory (I); Administration (II); Proposed decisions affecting the environment (II A); General provisions (III); Quarantine of vessels, persons and goods (IV); Quarantine of animals and plants (V); Vector monitoring and control activities (VAA); Automated entry processing and release of imported goods (VA); Expenses of quarantine (VI); Enforcement (VIA); Miscellaneous (VII).In this Act, Quarantine has relation to measures for the inspection, exclusion, detention, observation, segregation, isolation, protection, treatment, sanitary regulation, and disinfection of vessels, installations, persons, goods, things, animals, or plants, and having as their object the prevention of the introduction, establishment or spread of diseases or pests affecting human beings, animals, or plants. Whenever the Governor-General is satisfied that an emergency exists which makes it necessary to do so, he or she may, by proclamation, declare that any or all measures of quarantine prescribed by or under any State Act shall, for such period as is specified in the proclamation, cease to have effect, and such measure shall thereupon cease to have effect accordingly. Decisions under this Act not to be regarded as actions for the purposes of the Environment Protection and Biodiversity Conservation Act. Before making a decision under this Act, the implementation of which is likely to result in a significant risk of harm to the environment, a Director of Quarantine must comply with the requirements of this section. Part IV is divided into 3 Divisions: Application (1A); Liability to quarantine (1); Performance of quarantine (2). A person shall not, except in accordance with the permission of the Minister given under subsection (2), land any imported animals or plants in any port or place in Australia or the Cocos Islands, except a port declared by proclamation to be a port where the imported animals or plants may be landed (sect. 50). Sections 51 to 53 provide for examinations by quarantine officers of animals or plants that have not been released from quarantine. A quarantine officer or an authorized person may also examine an imported animal or plant that has been released from quarantine (sect. 54). If, after the examination of an animal or plant under subsection (1), a quarantine officer is of the opinion that the animal is suffering from a disease or is a source of infection of a disease, or in the case of a plant that there is a risk of spreading of a disease, the officer may order the animal or plant into quarantine (sect. 54). Other sections of Part 5 deal with destruction and responsibility of the master or owner of a vessel.The Minister may, by notice published in the Gazette, declare an area described in the notice to be a Special Quarantine Zone for the purposes of this Act (sect. 5A).
Comment: Consolidated version of Act No. 3 of 1908 as in force on 26 November 2008 including amendments up to Act No. 117 of 2008).
Main subjects: Environnment gen.
Main subjects: Livestock
Main subjects: Cultivated plants