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2002 - 2003
THE PARLIAMENT OF
THE COMMONWEALTH OF AUSTRALIA
SENATE
EXPLANATORY
MEMORANDUM
Circulated
by authority of Senator the Hon Kay Patterson,
Minister for Health
and Ageing
QUARANTINE AMENDMENT (HEALTH) BILL 2003
The Quarantine Act 1908 provides the legislative basis for human,
plant and animal quarantine activities in Australia. The Bill amends the
Quarantine Act to ensure that Australia’s quarantine laws with regard to
public health reflect the scope and focus of quarantine currently
needed.
Australia’s quarantine policy is based on the concept of
the management of risk to an acceptably low level. This Bill introduces a number
of amendments and new provisions to ensure the Act is comprehensive yet flexible
in its approach to border control measures.
The major legislative
measures contained in this Bill are detailed below.
Pratique is a term used to refer to the health clearance of a vessel (whether
a ship or an overseas aircraft), or an installation, by a quarantine officer. A
new section 32B is inserted into the Act to enable pratique to be granted
‘automatically’ in relation to the arrival of overseas aircraft,
unless specified circumstances exist. Previously, the master or commander of a
vessel was required to report to a quarantine officer upon the arrival of the
vessel at a port in Australia or the Cocos Islands. However, increases in air
traffic and trade in recent decades require a risk management approach in
relation to overseas aircraft arrivals. This is addressed by enabling pratique
to be automatically granted in relation to incoming overseas aircraft, where
appropriate.
The Quarantine Act currently makes no provision for a person who has been
ordered into quarantine to obtain an independent medical assessment of their
condition. Under the new section 35C, a person ordered into quarantine under
sections 35, 35AA or 35A, who is, or is likely to be, suffering from a disease,
may seek an independent medical assessment of their condition. The Bill will
give a person being detained the right to seek an independent medical opinion
from a medical practitioner of their choice at any time after being ordered to
perform quarantine and the person must be informed of this right. Such a request
may be invoked again after a lapse of 72 hours but not before. The new procedure
aims to balance the interests of the individual against the public health risks
to the wider community.
A new part (Part VAA) on vector monitoring and control activities is inserted
into the Act to provide for the carrying out of vector control measures. The
objective is to prevent the introduction, spread and/or establishment of exotic
human diseases and their vectors so that any threat to public health resulting
from a vector incursion is minimised or removed entirely.
New Section 55B
provides for vector monitoring and control activities to be undertaken within a
port, and within a permissible distance from the boundary of a port, or from a
place at which a vessel has landed, moored or is berthed.
Section 55C is
inserted to provide greater flexibility in relation to vector control activities
carried out on private property to ensure that a vector has not spread onto, or
is not likely to become established on, the property.
A quarantine
officer will be able to enter property (including private property) to conduct
vector monitoring and control activities with consent, or in an emergency, or
under the terms of a warrant.
The Bill introduces a new subsection 55D(2), creating an offence of failing
to comply with a direction given by a quarantine officer in relation to vector
control measures under new Part VAA.
Several definitions are inserted into the Act. A definition of a
vector is inserted to ensure that a consistent description applies
throughout the Act. A definition of medical practitioner is also inserted
into sections 35 and 35A, and into new sections 35B and 35C.
The
definition of proclaimed place within the meaning of section 12 is
repealed and replaced with a definition of declared place. This
modernises the administration of the Act and is applied consistently
throughout.
The opportunity has also been taken to make amendments which
provide greater flexibility in the Act or which repeal prescriptive provisions.
These amendments include: the removal of all references to a division
or divisions of quarantine; clarification that a person can be made
subject to quarantine on the basis of a quarantine officer’s
suspicion that a person has been infected or exposed to a quarantinable
disease or pest; and provision that persons released under quarantine
surveillance cannot be apprehended.
The amendments proposed in this Bill have no direct financial
implications.
Clause 1 – Short Title
1. This clause provides
for the Act to be cited as the Quarantine Amendment (Health) Act
2003.
2. This clause sets out commencement information in relation to the Act.
Subclause 2 (1) provides that:
- sections 1 to 3 of the Bill will
commence on a day on which the Act receives the Royal Assent;
- subject to
subclause 2 (3), Schedule 1, Part 1 commences on a day to be fixed by
Proclamation; and
- Schedule 1, Part 2 commences on the later of commencement
of Schedule 1, Part 1 and the commencement of Items 1 to 113 of Part 1 Schedule
1 to the Agriculture, Fisheries and Forestry Legislation Amendment Act (No.
1) 2003.
Subclause 2 (3) provides that, if Schedule 1 Part 1 of the new Act does not
commence within the period of 6 months beginning on the day on which this Act
receives Royal Assent, it will commence on the first day after the end of that
period.
Clause 3 – Schedule(s)
1. This clause
provides that the Quarantine Act 1908 is amended as set out in Parts 1
and 2 of Schedule 1.
Item 1 – Subsection 5 (1)
2. This item inserts a new
definition of declared place which has the meaning given by
new
section 12 of the Act. The new definition modernises the administration of the
Act by allowing the Minister to declare any place in or beyond Australia
infected, or in danger of being infected, by a quarantinable disease or pest.
Item 2 – Subsection 5(1) (paragraph (a) of the definition of
Pratique)
3. This item amends the current definition of
pratique in subsection 5(1) of the Act to
distinguish its meaning
with regard to vessels generally, from its meaning with regard to overseas
aircraft to which the new section 32B of the Act will apply.
Item 3
– Subsection 5(1) (after paragraph (a))
4. This item inserts a
new paragraph (aa) into subsection 5(1) to define pratique in relation
to
overseas aircraft to which new subsection 32B(1) of the Act will apply. New
section 32B provides that an overseas aircraft that arrives at a port in
Australia or the Cocos Islands will be taken to have been granted pratique at
the time of its arrival unless specified circumstances exist.
Item 4
– Subsection 5(1) (definition of a proclaimed place)
5. This
item repeals the definition proclaimed place in relation to section 12 of
the Act. The
definition of proclaimed place is repealed because the
amended Act will rely on the new term declared place. The significance of
this change is explained at Item 14.
Item 5 – Subsection
5(1)
6. This item inserts a definition of vector into the
interpretation subsection 5(1) of the Act.
Item 6 – Repeal of division or divisions of
quarantine
9. Items 6 to 13 refer to the repeal of references to
a division of human quarantine
and divisions of human
quarantine from the Act. Quarantine officers and Chief Quarantine Officers
will no longer be appointed in relation to a nominated division or divisions of
human quarantine.
10. Item 6 removes the reference to a division or
divisions of human quarantine in relation to subsection
8A(2).
Item 7– Saving of Determinations
11. This item
provides that any determinations that were made under old subsection 8A(2) prior
to the commencement of Item 6 will continue in force after that date as if the
determinations had not referred to a division or divisions of human
quarantine.
Item 8 – Subsection 8A(6)
12. This
item repeals subsection 8A(6) and substitutes a new subsection 8A(6) in order to
remove the references to a division of quarantine. There is no
substantive change in that quarantine officers (human quarantine) will remain
subject to directions from Chief Quarantine Officers and the Director of Human
Quarantine. The amendment will enable quarantine officers (human quarantine) to
be appointed in relation to a State or Territory, or any other geographical
location, rather than to a division or divisions of
quarantine.
Item 9 – Subsection 8A(7)
13. This item
repeals subsection 8A(7) which will not be needed once references to
divisions of quarantine have been deleted from the
Act.
Item 10 – Subsection 9(3)
14. This item repeals
the subsection 9(3) which will not be needed once references to divisions
of human quarantine have been deleted from the Act.
Item 11 – Saving of Appointments
15. This item preserves
the continuity of existing appointments by providing that an appointment made
under section 9 before it was amended by Item 10 will continue in force after
that date as if it had been made under section 9 as amended by Item 10.
Item 12 – Subsection 9A(1B)
16. This item repeals
existing subsection 9A(1B) and substitutes a new subsection 9A(1B) in order to
remove existing references to a division or divisions of
quarantine.
Item 13 – Saving of Appointments and
Authorisations
17. This item preserves the continuity of existing
appointments and authorisations by providing that an appointment or
authorisation made under section 9A before it was amended by Item 12 will
continue in force after that date as if it had been made under section 9A as
amended by Item 12.
Item 14 – Section 12
18. This
item repeals existing section 12 of the Act and substitutes a new section 12.
The repealed section 12 of the Act enabled the Governor-General to proclaim
that a place in or beyond Australia was infected with a quarantinable
disease or pest.
19. New section 12 enables the Minister to
declare that a place is infected with a quarantinable disease or
quarantinable pest, or that a quarantinable disease or pest may be brought or
carried from or through that place. This will enable a more timely response to a
disease threat which has emerged in the place to be declared.
Item 15
– Paragraph 15(1)(c)
20. Following on from Items 1 and 4,
this item substitutes the new term declared place for the previous
proclaimed place in paragraph 15(1)(c) of the Act.
Item 16
– After paragraph 18(1)(b)
21. Subsection 18(1) specifies the
classes of person who shall be subject to quarantine. Paragraph 18(1)(b)
specifies the class: every person infected with a quarantinable
disease or quarantinable pest. This item amends the Act to insert a new
related class: every person a quarantine officer reasonably suspects of being
infected with a quarantinable disease or quarantinable pest, with the effect
that such persons are also subject to quarantine.
Item 17 –
Paragraph 21(1A)(a)
22. This item repeals the requirement that the
commander of an aircraft must display the quarantine signal. Whilst quarantine
signals are still used on ships, the use of quarantine signals on aircraft is
impractical and outdated given current technology. The repeal of this paragraph
reflects a modernisation of the Act.
Item 18 – Subsections
22(1), (2) and (3)
23. This item repeals the existing subsections
22(1), (2) and (3) of the Act, and replaces them with new subsections 22(1) and
(2). This amendment clarifies the obligations on the master of a vessel to
notify a quarantine officer of specified conditions on board that
vessel.
24. New subsection 22(2) specifies the obligations of the master
of a vessel to immediately notify a quarantine officer of the presence of
prescribed symptoms or of the outbreak of a quarantinable disease, prescribed
disease or infectious disease on board that vessel, and to immediately display
the quarantine signal. However, pursuant to new paragraph 22(2)(b), the
requirement to display quarantine signals no longer applies to overseas
aircraft. The new subsections will allow symptoms to be prescribed in
regulations to encourage timely notifications of potential disease threats. The
notification should be made by the most timely available means of communication,
for example via radio communication or telecommunication where practicable. This
item retains the previous penalty of a maximum of 5 years imprisonment for
non-compliance with these notification requirements. Pursuant to new paragraph
22(2)(a), the master of a vessel will not be subject to prosecution under this
provision if the vessel is actually performing quarantine.
Item 19
– Paragraph 31(1)(b)
25. Section 31 authorises the
apprehension, in specified circumstances, of a person who is subject to
quarantine. However, section 31 does not make provision for persons who are
released under quarantine surveillance. Such persons are not confined to a
quarantine area although they are still “liable to quarantine” as a
condition of their release. This item amends paragraph 31(1)(b) to ensure that a
person who is released under quarantine surveillance is not liable to be
apprehended by a police officer or other authorised person.
Item 20
– Subsection 32(1)
26. Following on from Items 1 and 4, this
item substitutes the new term declared place for the previous term
proclaimed place in subsection 32(1) of the Act: see explanation at Item
14.
Item 21- Paragraph 32A(1)(b)
27. Following on from
Items 1 and 4, this item substitutes the new term declared place for the
previous term proclaimed place in paragraph 32A(1)(b) of the Act: see
explanation at Item 14.
Item 22 – After Section
32A
28. ‘Pratique’ is a term that is used to refer to the
health clearance of a vessel (whether a ship or an overseas aircraft), or an
installation, by a quarantine officer (human quarantine). Pursuant to section
33, the master or commander of a vessel is required to report to a quarantine
officer upon the arrival of the vessel at a port in Australia or the Cocos
Islands. However, increases in air traffic and trade in recent decades require a
risk management approach in relation to the management of overseas aircraft
arrivals, in order to provide cost-effective protection for Australia,
consistent with international rules and standards.
29. New section 32B
provides that pratique is granted automatically in relation to the arrival of
overseas aircraft, unless specified circumstances exist. That is, unless
specified exceptions apply, there is no requirement for a quarantine officer to
routinely meet or inspect an overseas aircraft upon its arrival in Australia or
the Cocos Islands and no requirement to issue a certificate of pratique in
relation to every overseas aircraft arrival.
30. The exceptions to the
automatic grant of pratique under subsection 32B(1) are set out in subsection
32B(2), and include circumstances where:
• the commander of the
aircraft has notified a quarantine officer of the presence of a prescribed
symptom, or the outbreak of a prescribed disease or infectious disease on board
the aircraft in accordance with the requirements of section 22 of the Act;
or
• the commander of the aircraft has given information to a
quarantine officer in accordance with the requirements of section 27B of the
Act, regarding matters which must be reported prior to the arrival of the
aircraft; or
• the Director of Human Quarantine has directed, prior to
the aircraft’s arrival, that automatic pratique is taken not to
have been granted under section 32B.
• a quarantine officer (human
quarantine) advises the commander of the aircraft that he or she is not
satisfied that the aircraft is free from infection.
31. Paragraph
32B(2)(c) – suspension of automatic pratique. Given the central importance
of compliance with the notification and reporting requirements under sections 22
and 27B of the Act to the risk management objectives under section 32B, this
item also enables the Director of Human Quarantine to direct, for a specified
period, the suspension of ‘automatic’ pratique in relation to a
particular aircraft or class of aircraft. Circumstances leading to the making of
such a direction under paragraph (c) could include, for example, previous
failures by the commander of an aircraft to comply with the reporting and
notification requirements, such that the basis of risk assessment for granting
pratique ‘automatically’ has been compromised. Other circumstances
could include the existence of a new or heightened state of disease alert in the
country or region from which the incoming aircraft has departed. In each of
these examples, the Director of Human Quarantine will have discretion to suspend
automatic pratique for a specified period having regard to factors such as the
relative balance of risk of disease or pests in relation to a particular
aircraft or class of aircraft.
32. Paragraph 32B(2)(d) - retains a
quarantine officer’s (human quarantine) discretion to grant pratique on
the basis of his or her satisfaction that an overseas aircraft is free from
infection. In effect this enables a quarantine officer (human quarantine) to
meet and/or inspect any overseas aircraft on a case by case basis, if he or she
is not satisfied that the relevant overseas aircraft is free from
infection.
Item 23 – Before Subsection 33(1)
33. This
item inserts a new subsection 33(1AA) into the existing section 33, which
clearly distinguishes the pratique provisions that are applicable to overseas
aircraft and to which section 32B applies, from those pratique provisions that
apply to other overseas vessels.
Item 24 – Subsection 34
(1)
34. Section 34 of the Act provides for all persons landed from a
vessel to be under quarantine surveillance pursuant to that section. Following
on from Items 1 and 4, this item substitutes the new term declared place
for the previous term proclaimed place in subsection 34(1) of the Act:
see explanation at Item 14.
Item 25 – After Subsection
35(1)
35. Subsection 35(1) specifies the powers of a quarantine
officer to order vessels, persons or goods into quarantine. This item inserts
new subsection 35(1AAAA) to make it clear that a quarantine officer (human
quarantine) may exercise his or her discretion as to whether to seek a medical
opinion in relation to his or her decision to order a person into quarantine
under subsection 35(1).
36. The new subsection 35(1AAAA) does not
require a quarantine officer (human quarantine) to seek medical opinions
routinely in relation to such decisions, but makes it clear that this option is
available to a quarantine officer (human quarantine) should he or she consider
it necessary or desirable.
Item 26 – After subsection
35(1A)
37. Existing subsection 35(1A) sets out the powers of a
quarantine officer (human quarantine) to order into quarantine any person who is
or has been on board an overseas vessel or installation, and who fails to
satisfy the quarantine officer (human quarantine) that he or she has been
successfully vaccinated or inoculated against any prescribed disease within the
prescribed period. This item inserts new subsection 35(1B) to make it clear that
a quarantine officer (human quarantine) may exercise his or her discretion as to
whether to seek a medical opinion in relation to his or her decision to order a
person into quarantine under subsection 35(1A).
38. The new subsection
35(1B) does not require a quarantine officer (human quarantine) to seek
medical opinions routinely in relation to such decisions, but makes it clear
that this option is available to a quarantine officer (human quarantine) should
he or she consider it necessary or desirable.
39. This item also inserts
new subsection 35(1C) which specifies that a quarantine officer (human
quarantine) must inform the person of their right to request an independent
medical assessment under new section 35C.
Paragraph 35(1C)(b) further
requires the quarantine officer (human quarantine) to notify the Director of
Human Quarantine of the order as soon as practicable.
Item 27 –
Subsections 35(2) and 35(2A)
40. Following on from Items 1 and 4,
this item substitutes the new term of declared place for the previous
term proclaimed place into subsections 35(2) and 35(2A) of the Act: see
explanation at Item 14.
Item 28 – At the End of Section
35
41. This item inserts a definition of medical practitioner
in subsection 35(5) for the purposes of section 35 of the Act.
Item 29
– After subsection 35AA(4)
42. Section 35AA sets out the powers
of a quarantine officer (human quarantine) to require a person who may possibly
be suffering from active pulmonary tuberculosis to undergo a medical examination
and to order that person into quarantine. Pursuant to new subsection 35AA(4A), a
quarantine officer (human quarantine) must inform the person of their right to
request an independent medical assessment under new section 35C. This item also
inserts a new paragraph 35AA(4A)(b), which requires a quarantine officer (human
quarantine) to provide written notification to the Director of Human Quarantine
as soon as practicable after making an order under subsection 35AA(3) or
subsection 35AA(4).
Item 30 – After subsection
35A(3)
43. Section 35A sets out the powers of a quarantine officer
(human quarantine) to give directions in relation to any vessel or installation
which has a communicable disease on board. Section 35A(3) provides that a
quarantine officer (human quarantine) may order any persons into quarantine who
are, or have been, on board the vessel or installation and are suffering, or
suspected to be suffering, or have been exposed to infection, from the
disease.
44. This item inserts new subsections 35A(3A) and 35A(3B). New
subsection 35A(3A) makes it clear that a quarantine officer (human quarantine)
may exercise his or her discretion as to whether to seek a medical opinion in
relation to his or her decision to order a person into quarantine under
subsection 35A(3). Subsection 35A(3A) does not require a quarantine
officer (human quarantine) to seek medical opinions routinely in relation to
such decisions, but makes it clear that this option is available to a quarantine
officer (human quarantine) should he or she consider it necessary or desirable.
Pursuant to new subsection 35A(3B), a quarantine officer (human quarantine) must
inform the person of their right to request an independent medical assessment
under new section 35C. Paragraph 35A(3B)(b) further requires the quarantine
officer (human quarantine) to notify the Director of Human Quarantine of the
order as soon as practicable.
Item 31 – At the End of Subsection
35A(11)
45. This item inserts the definition of medical
practitioner into subsection 35A(11) for the purposes of section 35A.
Section 35A sets out the powers of a quarantine officer (human quarantine) to
give directions in relation to any vessel or installation which has a
communicable disease on board.
Item 32 – After Section
35A
46. This item inserts new sections 35B, 35C and 35D into the Act.
The new section 35B clarifies when a person who has been ordered into quarantine
under sections 35, 35AA or 35A ceases to perform quarantine and must be released
from quarantine. New subsection 35B(1) provides that a person must be released
from quarantine once the person has received a certificate of release from a
quarantine officer (human quarantine). New subsection 35B(2) requires a
quarantine officer (human quarantine) to provide written notification to the
Director of Human Quarantine as soon as practicable after releasing a person
from quarantine pursuant to subsection 35B(1).
47. The new section 35C is
inserted to provide the person being detained with a right to seek an
independent medical opinion from a medical practitioner of their choice at any
time after being ordered to perform quarantine. Such a request may be invoked
again after a lapse of 72 hours but not before. The section aims to balance the
interest of the individual against the public health risks to the wider
community.
48. The new section 35D will ensure that the independent
medical assessment is considered in determining whether a person is to remain in
quarantine. The Chief Quarantine Officer (Human Quarantine) must assess whether
a person is to remain in quarantine if an independent medical assessment has
been provided (pursuant to 35C) and a copy of the assessment has been provided
to a quarantine officer (human quarantine). In making his or her assessment, the
Chief Quarantine Officer (Human Quarantine) must take into account the
independent medical assessment. However, this does not mean that any contrary
medical opinion must be accepted in preference to the assessment upon which the
order was based.
Item 33 – Application of sections 35B and
35C
49. This item provides that sections 35B and 35C (as inserted by
Item 32) apply whether a person is ordered into quarantine under sections 35,
35AA, or 35A, before or after the commencement of Item 32. The effect is that a
person who is already in quarantine when Item 32 commences will be able to seek
an independent medical assessment under new section 35C and will be subject to
the release provisions of new section 35B.
Items
34 and 35 – Subsection 45 (4)
50. Section 45 relates to
performance of quarantine by persons. Existing subsection 45(4) specifies that
any person subject to quarantine is also under quarantine surveillance. These
items remove the link between being subject to quarantine and being
under quarantine surveillance, so that the subsection now provides that
any person under quarantine surveillance must comply with the
regulations relating to quarantine surveillance.
Item 36 –
After Part V
51. This item creates a new Part VAA which contains
provisions on vector monitoring and control activities in a monitoring and
control area. The range of vector monitoring and control activities will be
prescribed in regulations.
52. New section 55B defines terms that are
used in Part VAA of the Act. The monitoring and control area is defined
as: the area of a port; the area within a permissible distance from the outer
boundary of a port; the area within a permissible distance from a place (other
than a port) at which a vessel has landed or is parked, moored or berthed; or an
area beyond the permissible distance (currently 400 metres) if the officer has
reasonable cause to suspect that such measures are necessary in relation to a
potential or actual vector incursion in that area.
The permissible distance
is specified as 400 metres (commensurate with current international standards)
or such greater distance as is prescribed in the regulations.
53. New
subsection 55C enables a quarantine officer (human quarantine) to carry out or
arrange to carry out vector monitoring and control activities in a monitoring or
control area that is not on private property.
54. New section 55D creates an offence of non-compliance with a direction
given by a quarantine officer (human quarantine) to undertake vector control
measures on private land, unless the person has a reasonable excuse. Subsection
55D(2) specifies the penalty for non-compliance to be a maximum of 5 years
imprisonment.
55. New section 55E specifies the powers of a quarantine
officer (human quarantine) to carry out or arrange vector monitoring or control
activities on private property, with the consent of the person who owns or
controls that property. The quarantine officer (human quarantine) must inform
the person that he or she could refuse consent. Such consent must be
voluntary.
56. New section 55F specifies the powers of a quarantine
officer (human quarantine) to carry out or arrange vector monitoring and control
activities in an emergency. This power may be exercised where a quarantine
officer (human quarantine) has reasonable grounds to believe that the situation
is of such seriousness and urgency as to justify carrying out the activities
without consent.
57. New section 55G specifies the powers of a
quarantine officer (human quarantine) to carry out vector monitoring and control
activities under the terms of a warrant issued by a magistrate. The content of
such a warrant is specified in subsection 55G(5). Warrants may be granted by
telephone or other electronic means (see Item 41 – Section
66AH).
Item 37 – Subsection 59(2)
58.
Pursuant to subsection 59(2), the owner, master, or agent of a vessel may
arrange with the Minister for the carrying out of responsibilities of the
performance of quarantine as specified in subsection 59(1), and for the payment
of expenses relating to those responsibilities. The Minister may take any action
he or she believes necessary and the owner, master or agent of the vessel shall
pay any expenses incurred during this process to the Commonwealth. This item
replaces the phrase shall be paid, with the phrase must, at the
Commonwealth’s request, be paid in relation to such expenses. This
amendment introduces flexibility by allowing the Minister not to request payment
for some or all of the expenses.
Item 38 – Application of Item 37
59. This item provides
that the amendment made by Item 37 in relation to cost recovery, will apply to
expenses incurred on and from the day on which this item
commences.
Item 39 - Section 62
60. This item repeals
section 62 so that individuals who are ordered into quarantine under sections,
35, 35AA or 35A will no longer be liable for any costs incurred for the
quarantine period.
61. This item provides that the amendment made by Item 39 does not apply
in relation to costs incurred before the day on which this item commences. That
is, section 62 will continue to apply to any costs incurred prior to the
commencement of this item.
Item 41 – Subsections 66AH(1), (3)
and (4)
62. Section 66AH provides for warrants to be granted by
telephone or other electronic means. This item provides for warrants under new
section 55G (vector monitoring and control activities) to be granted by
telephone or other electronic means.
Item 42 – Paragraph
87(1)(j)
63. Section 87 is the regulation making power and, pursuant
to paragraph 87(l)(j) the Governor-General may make regulations for prescribing
the precautions to be taken by masters of vessels at proclaimed places among
other matters. Following on from Items 1 and 4, this item replaces the term
proclaimed place with the new term declared place in paragraph
87(1)(j) of the Act.
Item 43 – Subparagraph
87(1)(l)(ii)
64. Section 87 is the regulation making power and,
pursuant to subparagraph 87(l)(ii) the Governor-General may make regulations for
regulating and controlling sanitary conditions of proclaimed places, among other
things. Following on from Items 1 and 4, this item replaces the term
proclaimed place with the new term declared place in subparagraph
87(1)(l)(ii) of the Act.
Item 44 – Subsection 5(1) (after subparagraph (aa)(ii) of the
definition of Pratique)
65. This item inserts a new subparagraph
(aa)(iii) to extend the definition of pratique to apply to aircraft arriving in
Christmas Island from a place outside Christmas Island.
Item 45
– Subsection 32B(1)
66. This item will amend new subsection
32B(1) to replace the phrase “or the Cocos Islands” with the phrase
“the Cocos Islands or Christmas Island”.