Commonwealth Consolidated Acts

QUARANTINE ACT 1908 - SECT 70

             (1)  A quarantine officer may board any vessel that:

                     (a)  is in a port or place in Australia, the Cocos Islands or Christmas Island; or

                     (b)  is:

                              (i)  on the seaward side of the outer limits of the territorial sea of Australia, the Cocos Islands or Christmas Island and is within 9 nautical miles, or such greater distance as the Governor-General, by proclamation, declares, of those outer limits; and

                             (ii)  bound for a port or place in Australia, the Cocos Islands or Christmas Island;

and may, after boarding the vessel:

                     (c)  enter and examine any part of the vessel;

                     (d)  examine any animals, plants or other goods on board the vessel; and

                     (e)  examine the passenger list, log, manifest, journal and any other papers relating to the vessel or to any persons, animals, plants or other goods on board the vessel.

             (2)  The master of a vessel is guilty of an offence if:

                     (a)  he or she is required by a quarantine officer to produce to him or her for examination the papers referred to in paragraph (1)(e); and

                     (b)  he or she fails to comply with the requirement.

Maximum penalty: 60 penalty units.

Note:          Subsection (2) is not subject to the privilege against self incrimination but a use derivative-use indemnity applies (see subsections 79A(1) and (2)).

          (2A)  An offence against subsection (2) is an offence of strict liability.

             (3)  A person authorized in writing by a Director of Quarantine to act under this subsection may board any vessel that:

                     (a)  is in a port or place in Australia, the Cocos Islands or Christmas Island; or

                     (b)  is:

                              (i)  on the seaward side of the outer limits of the territorial sea of Australia, the Cocos Islands or Christmas Island and is within 9 nautical miles, or such greater distance as the Governor-General, by proclamation, declares, of those outer limits; and

                             (ii)  bound for a port or place in Australia, the Cocos Islands or Christmas Island;

and may, after boarding the vessel, enter and examine any part of the vessel and all animals, plants or other goods on board the vessel.