Document ID: chunk:federal_register_of_legislation:C2004A00585:clause:1_76
Version: federal_register_of_legislation:C2004A00585
Segment Type: clause
Provision Reference: sch 1 cl 76
Character Range: 186116–188255

76  Unauthorised entry on quarantine station etc.

Definition

 (1) In this section:

relevant act means any of the following:
 (a) entering or trespassing on, or leaving, a quarantine station or quarantine area;
 (b) taking any animal, plant or other goods into or out of a quarantine station or quarantine area;
 (c) interfering with any animals, plants or other goods that are subject to quarantine.

Offence to act without permission

 (2) A person is guilty of an offence if:
 (a) the person does a relevant act; and
 (b) the person does not have the written permission of a quarantine officer to do the act.

Maximum penalty: Imprisonment for 2 years.

Offence to contravene condition of permission

 (3) A person is guilty of an offence if:
 (a) the person does a relevant act; and
 (b) the person has the written permission of a quarantine officer to do the act; and
 (c) the permission is subject to a condition; and
 (d) the condition is contravened; and
 (e) the person is reckless as to whether or not the condition is contravened.

Maximum penalty: Imprisonment for 2 years.

Power to give permissions

 (4) A quarantine officer has power to give to a specified person, or to persons included in a specified class of persons, written permission to do one or more relevant acts or to do one or more relevant acts during a specified period.

Power to detain unauthorised persons

 (5) If an unauthorised person:
 (a) enters a quarantine station while anyone is performing quarantine at the station; or
 (b) enters a quarantine area;
a quarantine officer may:
 (c) detain the person at the quarantine station for the performance of quarantine, or detain the person in the quarantine area, as the case may be, and use any means reasonably necessary to detain the person; and
 (d) give such directions to the person as are necessary to prevent or control the introduction, establishment or spread of a disease or pest.

 (6) A person is guilty of an offence if:
 (a) a direction is given to the person under subsection (5); and
 (b) the person fails to comply with the direction.

Maximum penalty: Imprisonment for 2 years.