Commonwealth Consolidated Acts

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QUARANTINE ACT 1908 - SECT 70AA

Power to board installations and examine things found on them

             (1)  This section applies in relation to:

                     (a)  any Australian installation or any overseas installation; and

                     (b)  any installation (other than an Australian installation or an overseas installation) on which a quarantine officer has reasonable grounds to believe there are any persons who are, or any animals, plants or other goods that are, subject to quarantine.

             (2)  A quarantine officer may board an installation to which this section applies and:

                     (a)  enter and examine any part of the installation;

                     (b)  examine any animals, plants or other goods on board the installation; and

                     (c)  examine any log, manifest, journal and any other papers related to the installation or to any persons, animals, plants or other goods on board the installation.

             (3)  The master of an installation to which this section applies is guilty of an offence if:

                     (a)  he or she is required by a quarantine officer to produce to him or her for examination the papers referred to in paragraph (2)(c); and

                     (b)  he or she fails to comply with the requirement.

Maximum penalty: 60 penalty units.

Note:          Subsection (3) is not subject to the privilege against self incrimination but a use derivative-use indemnity applies (see subsections 79A(1) and (2)).

          (3A)  An offence against subsection (3) is an offence of strict liability.

             (4)  A person authorized in writing by a Director of Quarantine to act under this subsection may board an installation to which this section applies and may enter and examine any part of the installation and any animals, plants or other goods on board the installation.



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