Commonwealth Consolidated Acts

QUARANTINE ACT 1908 - SECT 27B

Aircraft from which reports are required

             (1)  This section applies to the commander of an aircraft (other than a prescribed aircraft) that:

                     (a)  is intended to arrive at a place in Australia, the Cocos Islands or Christmas Island; or

                     (b)  is intended to arrive at a place in Australia (other than a place in a Special Quarantine Zone in respect of Australia or the Protected Zone) from a place in any of those zones; or

                     (c)  is intended to arrive at a place in the Cocos Islands (other than a place in a Special Quarantine Zone in respect of the Cocos Islands) from a place in such a zone; or

                     (d)  is intended to arrive at a place in Christmas Island (other than a place in a Special Quarantine Zone in respect of Christmas Island) from a place in such a zone.

Quarantine officer to whom pre-arrival report to be sent

             (2)  The commander of the aircraft must cause the prescribed information to be given, in a form approved by a Director of Quarantine, in the prescribed manner and before the prescribed time, to a quarantine officer located at the place that is applicable in respect of the aircraft under regulations made for the purposes of this subsection.

Action to be taken if report afterwards found to be incomplete or incorrect

             (3)  If, after any of the prescribed information is given to a quarantine officer under subsection (2), the commander or operator of the aircraft becomes aware that the information is incomplete or incorrect, the commander or operator, as the case may be, must cause the additional or correct information to be given to a quarantine officer as soon as practicable.

Failure to give information

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

                     (a)  a requirement of this section applies to the person; and

                     (b)  the person fails to comply with the requirement.

Maximum penalty: Imprisonment for 2 years.

Note:          Subsection (4) is not subject to the privilege against self incrimination but a use derivative-use indemnity applies (see subsections 79A(1) and (2)).

Knowingly giving false or misleading information

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

                     (a)  the person gives information, or causes information to be given, to a quarantine officer under a requirement made by this section (whether the requirement is made of that person or of another person); and

                     (b)  the information is false or misleading in a material particular; and

                     (c)  the person knows that the information is false or misleading in that particular.

Maximum penalty: Imprisonment for one year.

Negligently giving false or misleading information

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

                     (a)  the person gives information, or causes information to be given, to a quarantine officer under a requirement made by this section (whether the requirement is made of that person or of another person); and

                     (b)  the information is false or misleading in a material particular; and

                     (c)  the person is negligent as to whether or not the information is false or misleading in that particular.

Maximum penalty for an offence against this subsection:  Imprisonment for 6 months.