Document ID: chunk:federal_register_of_legislation:C2004A00585:clause:1_289
Version: federal_register_of_legislation:C2004A00585
Segment Type: clause
Provision Reference: sch 1 cl 289
Character Range: 189515–191422

289  Subsections 78A(2), (3) and (4) (including the note to subsection (4))
Repeal the subsections and note, substitute:

 (2) If a quarantine officer believes, on reasonable grounds, that a vessel or installation is in an insanitary condition, or is likely to be carrying diseases or pests, the quarantine officer may give a direction to the owner or master of the vessel or installation requiring a specified process to be carried out in respect of the vessel or installation in the manner specified in the direction.

 (3) Without limiting subsection (2):
 (a) the process that may be specified in a direction given under that subsection includes:
 (i) subjecting the vessel or installation to specified treatment; and
 (ii) storing, discharging, removing, treating or disposing of refuse, organic waste, dunnage, sweepings from the hold or ballast water; and
 (iii) keeping food in a hygienic condition; and
 (iv) treating any thing on the vessel or installation; and
 (v) moving any people on the vessel or installation to a different part of the vessel or installation or causing them to disembark; and
 (vi) embarking people on to the vessel or installation; and
 (vii) moving or securing any goods on the vessel or installation or causing them to be unloaded; and
 (viii) loading goods on to the vessel or installation; and
 (ix) producing samples of, or exchanging or treating, ballast water in the vessel; and
 (b) the direction may specify where the specified process is to be carried out.

 (4) A person is guilty of an offence if:
 (a) the person is given a direction under subsection (2); and
 (b) the person fails to comply with the direction.

Maximum penalty: Imprisonment for 2 years.

Note: The heading to section 78A is replaced by the heading "Treatment of vessels and installations that are believed to be in an insanitary condition or to be likely to be carrying diseases or pests".