Document ID: chunk:federal_register_of_legislation:C2007A00156:clause:1_90u:p1
Version: federal_register_of_legislation:C2007A00156
Segment Type: clause
Provision Reference: sch 1 cl 90U (pt 1/2)
Character Range: 8652–11485

90U  Articles consisting of, or containing, quarantine material

 (1) This section applies if:
 (a) the article is in the course of post to a prescribed State/Territory from a place within Australia but outside the prescribed State/Territory; and
 (b) a quarantine inspection officer of the prescribed State/Territory has reasonable grounds for believing that the article consists of, or contains, quarantine material in relation to the prescribed State/Territory.

 (2) However, this section does not apply if the carriage of the article mentioned in paragraph (1)(a) is undertaken by Australia Post engaging in the reserved services.

 (3) The quarantine inspection officer may request an authorised examiner to open the article.

 (4) If such a request is made, the authorised examiner may remove the article from the normal course of carriage and open the article in the presence of the quarantine inspection officer, following the procedures (if any) that are prescribed for the purposes of this section.

 (5) The quarantine inspection officer may then examine the article to check whether it consists of, or contains, quarantine material.

 (6) Subject to section 90X, if the article is found not to consist of, or contain, quarantine material, the authorised examiner must close up the article and return it to the normal course of carriage, following the procedures (if any) that are prescribed for the purposes of this section.

 (7) Subject to section 90X, if the article is found to consist of, or contain, quarantine material:
 (a) the article and its contents must be dealt with in accordance with the relevant law of the prescribed State/Territory or the Commonwealth, as the case requires; and
 (b) the quarantine inspection officer must, as soon as is practicable after examination of the article, cause written notice to be given to the intended recipient and the sender (if the sender's name and address is ascertainable):
 (i) advising that the article has been removed from the normal course of carriage; and
 (ii) advising that the article will be dealt with in accordance with the relevant law of the prescribed State/Territory or the Commonwealth, as the case requires; and
 (iii) stating what the article contained.

 (8) Regulations may be made for the purposes of this subsection that determine the procedure:
 (a) for removing an article from the normal course of carriage for the purpose of its examination by a quarantine inspection officer; and
 (b) for the return of an article to the normal course of carriage.

 (9) A prescribed person or body must establish and maintain, in accordance with regulations made for the purposes of this subsection, a record setting out, in respect of each article that has been found to consist of, or contain, quarantine material:
 (a) particulars of the article; and