Commonwealth Consolidated Acts

QUARANTINE ACT 1908 - SECT 55G

Carrying out vector monitoring and control activities under warrant

             (1)  A quarantine officer (human quarantine), and other persons acting under his or her supervision or control (if any), may enter onto private property and carry out vector monitoring and control activities if:

                     (a)  the property is, or is within, a monitoring and control area; and

                     (b)  a warrant in force under this section authorises the quarantine officer (human quarantine), and those other persons (if any), to enter onto the property and carry out the activities.

Application for warrant

             (2)  A quarantine officer (human quarantine) may apply to a magistrate for a warrant under this section in relation to particular private property.

Issue of warrant

             (3)  The magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that:

                     (a)  the property is, or is within, a monitoring and control area; and

                     (b)  entering onto the property and carrying out the activities is necessary to ensure that a vector has not spread onto, or is not likely to become established on, the property.

             (4)  However, the magistrate must not issue the warrant unless the officer or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.

Content of warrant

             (5)  The warrant must:

                     (a)  authorise a named quarantine officer (human quarantine), and other persons under the supervision or control of the officer (to the extent that the magistrate considers it appropriate for the warrant to cover such other persons):

                              (i)  to enter onto the property; and

                             (ii)  to carry out vector monitoring and control activities either generally, or as specified in the warrant; and

                     (b)  specify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect; and

                     (c)  state whether the entry and carrying out of activities is authorised to be made at any time of the day or night or during specified hours of the day or night.

             (6)  Paragraph (5)(b) does not prevent the issue of successive warrants in relation to the same property.

             (7)  If the application for the warrant is made under section 66AH, this section applies as if paragraph (5)(b) referred to 48 hours rather than 7 days.

Note:          Section 66AH provides for warrants to be granted by telephone or other electronic means.