Commonwealth Consolidated Acts

QUARANTINE ACT 1908 - SECT 29

Master leaving vessel or installation without permission

             (1)  The master of a vessel or installation that is subject to quarantine is guilty of an offence if he or she leaves the vessel or installation.

Maximum penalty: Imprisonment for 5 years.

Exception

          (1A)  Subsection (1) does not apply if the master leaves the vessel or installation with the written permission of a quarantine officer.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code ).

Master knowingly allowing person to leave or remove goods

             (2)  The master of a vessel or installation that is subject to quarantine is guilty of an offence if:

                     (a)  the master allows a person to leave, or allows a person to remove goods from, the vessel or installation; and

                     (b)  the master knows that he or she does not have the written permission of a quarantine officer to allow the person to leave, or to allow the person to remove goods from, as the case may be, the vessel or installation.

Maximum penalty: Imprisonment for 5 years.

Master negligently allowing person to leave or remove goods

             (3)  The master of a vessel or installation that is subject to quarantine is guilty of an offence if:

                     (a)  the master allows a person to leave, or allows a person to remove goods from, the vessel or installation; and

                     (b)  a quarantine officer has not given written permission to the master to allow the person to leave, or to allow the person to remove the goods from, as the case may be, the vessel or installation; and

                     (c)  the master is negligent as to whether or not the written permission has been given.

Maximum penalty: Imprisonment for 2 years.

Power to give permissions

             (4)  A quarantine officer has power to give to a specified person, or to persons included in a specified class of persons, written permission to do a specified act, or a specified class of acts, during a specified period for the purposes of this section.

Contravention of condition of permission

             (5)  The master of a vessel or installation is guilty of an offence if:

                     (a)  a permission that is given by a quarantine officer to the master for the purposes of this section is subject to a condition; and

                     (b)  the condition is contravened.

Maximum penalty: Imprisonment for 2 years.

Power of master to detain person or goods

             (6)  For the purpose of complying with this section, the master of a vessel or installation may detain any person or goods on the vessel or installation and may use any means reasonably necessary for that purpose.