Commonwealth Consolidated Acts

QUARANTINE ACT 1908 - SECT 68

Circumstances in which section applies

             (1)  This section applies if:

                     (a)  any animals, plants or other goods are imported or introduced into, or brought into any port or other place in, Australia, the Cocos Islands or Christmas Island; or

                     (b)  any animals, plants or other goods are removed:

                              (i)  from a part of Australia to another part of Australia; or

                             (ii)  from a part of the Cocos Islands to another part of the Cocos Islands; or

                            (iii)  from Australia to the Cocos Islands; or

                            (iv)  from the Cocos Islands to Australia; or

                             (v)  from a part of Christmas Island to another part of Christmas Island; or

                            (vi)  from Australia to Christmas Island; or

                           (vii)  from Christmas Island to Australia; or

                          (viii)  from Christmas Island to the Cocos Islands; or

                            (ix)  from the Cocos Islands to Christmas Island; or

                     (c)  any animals, plants or other goods are moved, interfered with or dealt with;

in contravention of this Act.

Seizure of goods

             (2)  A quarantine officer may seize the animals, plants or goods and, if they are seized:

                     (a)  they are forfeited to the Commonwealth; and

                     (b)  the quarantine officer must give a notice to a person referred to in subsection (4) stating that they have been seized and forfeited to the Commonwealth and that they will be sold, destroyed, exported from Australia, the Cocos Islands or Christmas Island or otherwise disposed of in any way that a Director of Quarantine thinks appropriate; and

                     (c)  a Director of Quarantine may cause the animals, plants or goods to be sold, destroyed, exported from Australia, the Cocos Islands or Christmas Island or otherwise disposed of.

Notice by Director of Quarantine where goods not seized

             (3)  If the animals, plants or goods have not been seized under subsection (2), a Director of Quarantine may give a notice to a person referred to in subsection (4) stating that they will be seized, sold, destroyed, exported from Australia, the Cocos Islands or Christmas Island or otherwise disposed of in any way that the Director thinks appropriate unless, within a period set out in the notice:

                     (a)  they are destroyed, exported from Australia, the Cocos Islands or Christmas Island, as the case may be, or otherwise dealt with in a way set out in the notice; and

                     (b)  any other requirements set out in the notice relating to the animals, plants or goods are complied with.

Person to whom notice may be given

             (4)  A notice under subsection (2) or (3) may be given:

                     (a)  in respect of animals, plants or other goods imported or introduced into, or brought into any port or other place in, Australia, the Cocos Islands or Christmas Island--to the importer or consignee of the goods; or

                     (b)  otherwise--to the owner, or the person in possession or control, of the animals, plants or goods.

Notice must not require action involving unacceptably high level of risk

             (5)  A Director of Quarantine must not give a notice under subsection (3) if the Director is not satisfied that:

                     (a)  if the animals, plants or goods are dealt with in the way set out in the notice, there will be no unacceptably high level of quarantine risk; or

                     (b)  the person will either comply with the notice or tell the Director within the period set out in the notice that the person does not wish to deal with the goods as required by the notice.

Authorised action will not contravene Act

             (6)  If, the animals, plants or goods have not been released from quarantine, any movement of, interference with, or dealing with, them that is necessary to comply with the notice is not a contravention of this Act.

Liability for things done before notice not affected

             (7)  Any civil or criminal liability of the person to whom a notice is given because of a contravention of this Act that occurred in relation to the animals, plants or goods before the notice is given is not affected by the giving of the notice.

Further notice may be given

             (8)  At any time before the person to whom a notice under subsection (3) is given complies with the notice, a Director of Quarantine may give a further notice to the person amending or revoking the notice. If the notice is amended, this section applies to the notice as amended in the same way as it applied to the original notice.

If notice is not complied with

             (9)  If a notice is given to a person under subsection (3) within the period prescribed by the regulations for the purposes of this subsection, but the person:

                     (a)  does not comply with the notice within the period specified in it; or

                     (b)  tells a Director of Quarantine within that period that the person does not wish to deal with the goods as required by the notice;

the following provisions have effect:

                     (c)  the animals, plants or goods are forfeited to the Commonwealth; and

                     (d)  an officer or an officer of Customs may seize them; and

                     (e)  a Director of Quarantine may cause them to be sold, destroyed, exported from Australia, the Cocos Islands or Christmas Island or otherwise disposed of.