Commonwealth Consolidated Acts

QUARANTINE ACT 1908 - SECT 56

Electronic notice

             (1)  An electronic notice under this section may be given to:

                     (a)  a person who has imported goods that have not been released from quarantine; or

                     (b)  an agent of such a person.

             (2)  The notice may do one or more of the following:

                     (a)  order the goods into quarantine;

                     (b)  release the goods from quarantine;

                     (c)  require the person to whom the notice is given (the recipient ) to cause the goods to be treated in a manner specified in the notice;

                     (d)  require the recipient to leave the goods at a place specified in the notice;

                     (e)  require the recipient to move the goods to a place specified in the notice;

                      (f)  set out the extent (if any) to which the recipient may deal with or interfere with the goods.

However, if the notice orders the goods into quarantine, the notice must also do one or more of the things mentioned in paragraphs (c) to (f).

Director of Animal and Plant Quarantine taken to have given the notice

             (3)  If a notice is given to a person under subsection (1), the Director of Animal and Plant Quarantine is taken to have given the notice.

Operation of the computer program

             (4)  The Director of Animal and Plant Quarantine must take all reasonable steps to ensure that the computer program concerned does not result in electronic notices ordering goods into quarantine unless there are reasonable grounds to believe there is an unacceptably high level of quarantine risk in respect of the goods.

Offences

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

                     (a)  a notice is given to the person under subsection (1) that orders goods into quarantine and does one or more of the things mentioned in paragraphs (2)(c) to (f); and

                     (b)  the person contravenes a requirement in the notice; and

                     (c)  the person is reckless as to whether the goods posed a quarantine risk.

Maximum penalty: Imprisonment for 2 years.

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

                     (a)  a notice is given to the person under subsection (1) that does one or more of the things mentioned in paragraphs (2)(c) to (f) (but does not order the goods into quarantine); and

                     (b)  the person contravenes a requirement in the notice.

Maximum penalty: Imprisonment for 2 years.

Later electronic notices

             (7)  An electronic notice given under this section may vary or revoke an earlier electronic notice given under this section.

             (8)  If an electronic notice given under this section is inconsistent with an earlier electronic notice given under this section, the earlier notice is, to the extent of the inconsistency, of no effect.

This section in addition to other powers

             (9)  This section is in addition to any power of a quarantine officer under this Act.

Orders or directions under other provisions prevail

           (10)  If an order or direction given by a quarantine officer under this Act is inconsistent with an electronic notice, the notice is, to the extent of the inconsistency, of no effect.

Definitions

           (11)  In this section:

"electronic notice" means an electronic notice generated as a result of the operation of a computer program under the control of the Director of Animal and Plant Quarantine.