Commonwealth Consolidated Acts

QUARANTINE ACT 1908 - SECT 35AA

             (1)  Where a quarantine officer (human quarantine) is not satisfied that a person, being a non-citizen, is not suffering from active pulmonary tuberculosis, the quarantine officer (human quarantine) may, by order in writing served on the person, require him or her to undergo, within a time and at a place specified in the order, a medical examination in accordance with subsection (2).

             (2)  The medical examination referred to in subsection (1) shall:

                     (a)  be carried out by, or under the supervision of, a person registered as a medical practitioner in a State or Territory, being a person approved by the Minister for the purposes of this section; and

                     (b)  be such examination as that person considers necessary to ascertain whether or not the person to be examined is suffering from active pulmonary tuberculosis.

             (3)  If a person fails to comply with an order under subsection (1), a quarantine officer (human quarantine) may, by order in writing served on the person, order him or her into quarantine.

             (4)  Where a quarantine officer is of the opinion that a person, being a non-citizen, is, or is likely to be, suffering from active pulmonary tuberculosis, the quarantine officer (human quarantine) may, by order in writing served on the person, order the person into quarantine.

          (4A)  If a quarantine officer (human quarantine) orders a person into quarantine under subsection (3) or (4), 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.

             (5)  A quarantine officer (human quarantine) may release under quarantine surveillance a person ordered into quarantine under this section.

             (6)  The regulations may provide that this section does not apply to a person included in a prescribed class of persons.

             (7)  In this section, non-citizen has the same meaning as in the Migration Act 1958 .