Commonwealth Consolidated Acts

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QUARANTINE ACT 1908 - SECT 35

Order to perform quarantine

             (1)  A quarantine officer may, by order in writing, order into quarantine any vessel, Australian installation, resources installation that is in Australian waters for the purpose of becoming attached to the Australian seabed, sea installation that is in Australian waters for the purpose of being installed in an adjacent area or in a coastal area, person, or goods (whether subject to quarantine or not), being or likely to be, in his or her opinion, infected with a quarantinable disease or quarantinable pest or a source of infection with a quarantinable disease or quarantinable pest.

  (1AAAA)  In deciding whether a person is, or is likely to be, infected with a quarantinable disease or quarantinable pest or a source of infection with a quarantinable disease or quarantinable pest, the quarantine officer may seek an opinion from a medical practitioner.

    (1AAA)  A quarantine officer may, by order in writing, order into quarantine any goods that, in his or her opinion, are or are likely to be quarantinable pests or quarantinable diseases.

       (1AA)  A quarantine officer may, by order in writing, order into quarantine any goods (whether subject to quarantine or not) in the Cocos Islands that, in his or her opinion, are, or are likely to be, infected with, or a source of infection with, a disease or pest.

       (1AB)  A quarantine officer may, by order in writing, order into quarantine any goods (whether subject to quarantine or not) in Christmas Island that, in his or her opinion, are, or are likely to be, infected with, or a source of infection with, a disease or pest.

          (1A)  A quarantine officer (human quarantine) may, by order in writing, order into quarantine any person, being a person who is or has been on board an overseas vessel or overseas installation, who fails to satisfy the quarantine officer (human quarantine) that he or she has, within the prescribed period, been successfully vaccinated or inoculated against any prescribed disease.

          (1B)  In deciding whether a person has been successfully vaccinated or inoculated against any prescribed disease, the quarantine officer (human quarantine) may seek an opinion from a medical practitioner.

          (1C)  If a quarantine officer (human quarantine) orders a person into quarantine under subsection (1A), the officer must also:

                     (a)  inform the person of his or her right to request an independent medical assessment as allowed by section 35C; and

                     (b)  notify the Director of Human Quarantine, in writing, of the order as soon as practicable.

             (2)  If a vessel has arrived in Australia, the Cocos Islands or Christmas Island from a declared place the quarantine officer shall (except as prescribed) order it into quarantine.

          (2A)  After an overseas installation has arrived in Australian waters from a declared place, the quarantine officer shall (except as prescribed) order the installation into quarantine.

             (3)  The order may:

                     (a)  in the case of any vessel or installation, and all persons and goods on board the vessel or installation, be served on the master of the vessel or installation; or

                     (b)  in the case of any person, be served on the person; or

                     (c)  in the case of any goods, be served on the importer, owner, consignee or any person having possession or custody of the goods.

             (4)  When the order has been served in accordance with this section, the vessel or installation, and all persons and goods on board the vessel or installation, or the person or goods, as the case may be, shall be deemed to be ordered into quarantine.

             (5)  In this section:

"medical practitioner" means a person who is registered as a medical practitioner in a State or Territory.



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