Commonwealth Consolidated Acts

QUARANTINE ACT 1908 - SECT 64

             (1)  The importer and owner of any animals, plants or other goods that are subject to quarantine or are under quarantine surveillance are jointly and severally liable to pay to the Commonwealth any expenses connected with:

                     (a)  the examination of the animals, plants or other goods; or

                     (b)  their transportation; or

                     (c)  their detention, maintenance, treatment or movement; or

                     (d)  their removal, disposal and destruction under a power conferred, or an order or direction given, under this Act;

and those expenses are a charge upon the animals, plants or other goods and may be recovered as provided in Division 4.

       (1AA)  Subject to subsection (1AB), if:

                     (a)  animals, plants or other goods are subject to quarantine or are under quarantine surveillance; and

                     (b)  a person is the agent of the importer or owner of those animals, plants or other goods at the time when a service referred to in paragraph (1)(a), (b), (c) or (d) is provided as a result of those animals, plants or other goods being subject to quarantine or under quarantine surveillance;

the agent must pay to the Commonwealth, on behalf of the importer or owner, any expenses connected with the performance of that service in respect of those animals, plants or other goods.

       (1AB)  If the importer or owner has met the liability to the Commonwealth under subsection (1) in respect of any expenses connected with the performance of a service referred to in paragraph (1)(a), (b), (c) or (d), the liability of the agent of the importer or owner is thereby discharged.

       (1AC)  The liability of an agent of an importer or owner to make a payment to the Commonwealth on behalf of the importer or owner in respect of any expenses connected with the performance of a service referred to in paragraph (1)(a), (b), (c) or (d) is not affected by the fact that, at the time when the payment is required to be made, the agent has not recovered an amount equivalent to those expenses from the importer or owner.

       (1AD)  If:

                     (a)  in accordance with subsection (1AA), the agent for an importer or owner makes a payment to the Commonwealth on behalf of the importer or owner in respect of any expenses connected with the performance of a service referred to in paragraph (1)(a), (b), (c) or (d); and

                     (b)  at the time when the payment is made, the agent has not collected an amount equivalent to those expenses from the importer or owner;

the agent may recover such an amount from the importer or owner as a debt due to the agent.

          (1A)  The owner, or any person who is in control, of any animals, plants or other goods that are required to be examined, transported, detained, maintained, treated, moved, removed, disposed of or destroyed as mentioned in subsection (1) may, with the permission of a quarantine officer, provide at the expense of the owner or that person any cartage or labour required in respect of the carrying out of the requirement.

             (2)  A quarantine officer may refuse to grant a permit for the landing or removal of any animals or plants or goods until security is given to his or her satisfaction for payment of the expenses payable to the Commonwealth under this section.

             (3)  If expenses are payable under this section in respect of animals, plants or goods, the Director of Animal and Plant Quarantine may, in writing, direct that the animals, plants or goods must not be released from quarantine until:

                     (a)  the expenses have been paid to the Commonwealth; or

                     (b)  the owner of the animals, plants or goods, or the agent of that owner, has entered into an agreement with the Commonwealth for the payment of the expenses and has taken any action required by the agreement as a condition for the release of the animals, plants or goods.

             (4)  Without limiting the matters that may be included in an agreement mentioned in paragraph (3)(b), an agreement may require the owner of the animals, plants or goods concerned or the agent of that owner to do either or both of the following:

                     (a)  pay interest at a rate not exceeding 20% per year on the amount of the expenses from time to time owing to the Commonwealth in respect of the animals, plants or goods;

                     (b)  give security for the payment of the expenses and interest (if any) owing to the Commonwealth in respect of the animals, plants or goods.

             (5)  A person must not release animals, plants or goods from quarantine in contravention of a direction under subsection (3).