Commonwealth Consolidated Acts

QUARANTINE ACT 1908 - SECT 48

Power to detain goods

             (1)  A quarantine officer may direct that goods ordered into quarantine:

                     (a)  are to be detained:

                              (i)  on board the vessel or installation, or at the premises, where they are located at the time the direction is given; and

                             (ii)  in such manner, and for such period, as a quarantine officer determines; or

                     (b)  are to be taken to, and detained at, a quarantine station or other place in such manner, and for such period, as a quarantine officer determines; or

                     (c)  are to be exported from Australia in such manner as a quarantine officer determines.

Power to treat goods

             (2)  A quarantine officer may:

                     (a)  cause goods ordered into quarantine to be treated in such manner as he or she determines; or

                     (b)  direct a person to cause the goods to be treated in a manner specified in the direction.

Direction as to movement etc. of goods

             (3)  A quarantine officer may give a direction to a person as to the extent (if any) to which goods that have been ordered into quarantine may be moved, dealt with or interfered with.

To whom direction may be given

             (4)  A direction under this section may be given to:

                     (a)  the importer or owner of the goods; or

                     (b)  if the goods are on board a vessel or installation--the master of the vessel or installation; or

                     (c)  a person who is in control of the goods.

Contravention of direction to be an offence

             (5)  A person is guilty of an offence if:

                     (a)  a direction is given to the person under this section; and

                     (b)  the person contravenes the direction.

Maximum penalty: Imprisonment for 2 years.

Further detention of goods

             (6)  If, at the end of the period for which any goods have been detained at a vessel, installation, quarantine station or other place under subsection (1) or this subsection, a Director of Quarantine is of the opinion that the goods cannot be released without an unacceptably high level of quarantine risk, he or she may direct that the goods be detained at the vessel, installation, quarantine station or other place in such manner, and for such further period, as is stated in the direction.

Definition

             (7)  In this section:

"quarantine station" , in relation to any goods, includes a place approved under section 46A in respect of a class of goods in which the goods are included.