Document ID: chunk:federal_register_of_legislation:C2004A00954:clause:1_3:p2
Version: federal_register_of_legislation:C2004A00954
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 2/2)
Character Range: 6343–8505

a person under subsection (1) or (2) does not affect any power that the person may be authorised to exercise apart from this section.

 (7) An authorisation given under subsection (1) or (2) in respect of a particular epidemic or danger of an epidemic is taken to be revoked when the proclamation issued under subsection 2B(1) in respect of that epidemic or danger of an epidemic is revoked.

 (8) A direction may be given, or an action taken, by a person under this section despite the provisions of any other Commonwealth law, or of any law of a State or Territory.

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

Maximum penalty: Imprisonment for 10 years.

 (10) In paragraph (9)(a), strict liability applies to the physical element of circumstance, that the giving of the direction was under this section.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (11) For the avoidance of doubt, a person (including the Director of Animal and Plant Quarantine, a Chief Quarantine Officer (Animals), a Chief Quarantine Officer (Plants) or a quarantine officer) is not to be taken, when acting under this Act by virtue of:
 (a) an authorisation given by the Minister under subsection 3(1); or
 (b) an authorisation given by the executive head of a national response agency under subsection 3(2);
to be acting as, exercising the powers of, or performing the functions of, a quarantine officer.

 (12) In this section, a reference to a person performing duties in an agency includes, but is not limited to:
 (a) a person performing duties in the agency under a contract; and
 (b) a person performing duties in the agency as a result of an arrangement for the temporary provision to that agency of the services of persons ordinarily performing other duties in the same or in another jurisdiction; and
 (c) a person performing duties in the agency on a voluntary basis.

Note: Under section 149.1 of the Criminal Code, it is an offence to obstruct a person who is taking any action that the person is authorised to take under this section.