Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A Director of Quarantine may, on behalf of the Commonwealth, enter into an agreement (a compliance agreement ) with a person in connection with:
(a) the application of particular procedures in respect of goods; and
(b) the supervision, monitoring and testing of the person's compliance with those procedures.
(2) The terms of a compliance agreement must be in accordance with this section and the regulations.
(3) A compliance agreement may provide that, in circumstances stated in the agreement, a Director of Quarantine may, by written notice given to a party to the agreement other than the Commonwealth, cancel or vary the agreement or suspend its operation for a period, or until the happening of an event, stated in the notice.
(4) A quarantine officer may notify a party to a compliance agreement other than the Commonwealth in writing of procedures to which the agreement is to extend in addition to those specifically referred to in the agreement and, if such a notification is given, the agreement has effect as if those procedures were referred to in it.
(5) The regulations may require a compliance agreement to include provision for the giving of security for the proper observance of the agreement by a party other than the Commonwealth and, if security is so given under such a provision, the security may be enforced or forfeited regardless of any liability or penalty to which a person may be subject under this Act or the regulations.
(6) A quarantine officer may release goods to which a compliance agreement applies from quarantine on the basis of a certificate or assurance, given by a person authorised under the agreement to give such a certificate or assurance, that all the procedures to which the agreement refers have been complied with in respect of the goods.
(7) A party to a compliance agreement other than the Commonwealth is guilty of an offence if that party fails to ensure that any requirements imposed on that party under the agreement are complied with.
Maximum penalty: Imprisonment for 10 years.
(8) In this section:
"goods" has the meaning given by subsection 5(1), and includes a vessel.
(a) the doing of anything under this Act; and
(b) the doing of anything in connection with activities carried out in the performance of functions related to quarantine.
(9) The definition of goods in subsection (8) does not affect the meaning of goods in any other provision of this Act.
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