Commonwealth Consolidated Acts

QUARANTINE ACT 1908 - SECT 59

             (1)  The master, owner, and agent, of any vessel ordered into quarantine, or of any vessel from which any person is removed to perform quarantine, shall severally be responsible for:

                     (a)  the removal of the passengers and crew to the quarantine station;

                     (b)  the care and maintenance of the passengers and crew while detained at the quarantine station;

                     (c)  the conveyance of the passengers from the quarantine station to their ports or places of destination;

                     (d)  the medical surveillance of persons released under quarantine surveillance;

                     (e)  the provision of such medical, nursing and other attendance on the vessel and at the quarantine station for or in respect of the vessel as the Minister considers necessary; and

                      (f)  the provision of such launch and patrol services and such supervision as the Minister considers necessary to ensure the satisfactory performance of quarantine by the vessel and the persons and goods thereon;

and shall supply, to the satisfaction of the Minister, all such service, attendance, meals, and other things as are required for those purposes, including domestic and laundry service, medicines, medical comforts, nursing, and attendance for the sick.

             (2)  The master, owner, or agent, of the vessel may arrange with the Minister for the carrying out of any responsibility under this section and for the payment of the expenses thereof, but in any case the Minister may take action if he or she thinks it necessary to do so, and any expense incurred must, at the Minister's request, be paid by the master, owner, or agent, of the vessel to the Commonwealth.

Provided that the Governor-General may direct that, as regards any vessel trading exclusively:

                     (a)  between Australian ports; or

                    (aa)  between Australian ports and Australian installations; or

                   (ab)  between Australian ports and Australian resources installations; or

                    (ac)  between Australian ports and Australian sea installations; or

                     (b)  between ports in the Cocos Islands; or

                   (ba)  between ports in Christmas Island; or

                     (c)  between Australia and New Zealand; or

                     (d)  between Australia and Fiji; or

                     (e)  between Australia and the Cocos Islands; or

                    (ea)  between Australia and Christmas Island; or

                   (eb)  between the Cocos Islands and Christmas Island; or

                      (f)  between Australia and another place adjacent to Australia;

the expenses of carrying out any responsibility under this section shall be borne by the Commonwealth, and, upon the issue of such direction, the master, owner and agent of any vessel to which the direction relates shall be exempt from liability for the expenses of carrying out that responsibility:

Provided further that the Governor-General may direct that the expenses of overland passengers arising out of regulations relating to human quarantine may be borne by the Commonwealth.

             (3)  A passenger shall not be liable to compensate the master, owner, or agent for any cost incurred by the master, owner, or agent under this section, and any contract or stipulation purporting to impose any such liability upon him or her shall to that extent be null and void.