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Quarantine Amendment (Health) Bill 2003

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2002 - 2003

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

SENATE

 

 

 

 

QUARANTINE AMENDMENT (HEALTH) BILL 2003

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Circulated by authority of Senator the Hon Kay Patterson,

Minister for Health and Ageing

QUARANTINE AMENDMENT (HEALTH) BILL 2003

 

OUTLINE

 

The Quarantine Act 1908 provides the legislative basis for human, plant and animal quarantine activities in Australia. The Bill amends the Quarantine Act to ensure that Australia’s quarantine laws with regard to public health reflect the scope and focus of quarantine currently needed.

 

Australia’s quarantine policy is based on the concept of the management of risk to an acceptably low level. This Bill introduces a number of amendments and new provisions to ensure the Act is comprehensive yet flexible in its approach to border control measures.

 

The major legislative measures contained in this Bill are detailed below.

 

Pratique for Aircraft

Pratique is a term used to refer to the health clearance of a vessel (whether a ship or an overseas aircraft), or an installation, by a quarantine officer. A new section 32B is inserted into the Act to enable pratique to be granted ‘automatically’ in relation to the arrival of overseas aircraft, unless specified circumstances exist. Previously, the master or commander of a vessel was required to report to a quarantine officer upon the arrival of the vessel at a port in Australia or the Cocos Islands. However, increases in air traffic and trade in recent decades require a risk management approach in relation to overseas aircraft arrivals. This is addressed by enabling pratique to be automatically granted in relation to incoming overseas aircraft, where appropriate.

 

Independent Medical Assessment

The Quarantine Act currently makes no provision for a person who has been ordered into quarantine to obtain an independent medical assessment of their condition. Under the new section 35C, a person ordered into quarantine under sections 35, 35AA or 35A, who is, or is likely to be, suffering from a disease, may seek an independent medical assessment of their condition. The Bill will give a person being detained the right to seek an independent medical opinion from a medical practitioner of their choice at any time after being ordered to perform quarantine and the person must be informed of this right. Such a request may be invoked again after a lapse of 72 hours but not before. The new procedure aims to balance the interests of the individual against the public health risks to the wider community.

 

Vector Monitoring and Control Activities

A new part (Part VAA) on vector monitoring and control activities is inserted into the Act to provide for the carrying out of vector control measures. The objective is to prevent the introduction, spread and/or establishment of exotic human diseases and their vectors so that any threat to public health resulting from a vector incursion is minimised or removed entirely.

 

New Section 55B provides for vector monitoring and control activities to be undertaken within a port, and within a permissible distance from the boundary of a port, or from a place at which a vessel has landed, moored or is berthed.

 

Section 55C is inserted to provide greater flexibility in relation to vector control activities carried out on private property to ensure that a vector has not spread onto, or is not likely to become established on, the property.

 

A quarantine officer will be able to enter property (including private property) to conduct vector monitoring and control activities with consent, or in an emergency, or under the terms of a warrant.

 

New Offence and Penalty Provision

The Bill introduces a new subsection 55D(2), creating an offence of failing to comply with a direction given by a quarantine officer in relation to vector control measures under new Part VAA.

 

Miscellaneous

Several definitions are inserted into the Act. A definition of a vector is inserted to ensure that a consistent description applies throughout the Act. A definition of medical practitioner is also inserted into sections 35 and 35A, and into new sections 35B and 35C.

 

The definition of proclaimed place within the meaning of section 12 is repealed and replaced with a definition of declared place. This modernises the administration of the Act and is applied consistently throughout.

 

The opportunity has also been taken to make amendments which provide greater flexibility in the Act or which repeal prescriptive provisions. These amendments include: the removal of all references to a division or divisions of quarantine; clarification that a person can be made subject to quarantine on the basis of a quarantine officer’s suspicion that a person has been infected or exposed to a quarantinable disease or pest; and provision that persons released under quarantine surveillance cannot be apprehended.

 

Financial Impact

The amendments proposed in this Bill have no direct financial implications.

 



 

QUARANTINE AMENDMENT (HEALTH) BILL 2003

 

 

NOTES ON CLAUSES

 

 

Clause 1 - Short Title

 

1.       This clause provides for the Act to be cited as the Quarantine Amendment (Health) Act 2003.

 

Clause 2 - Commencement

 

2.       This clause sets out commencement information in relation to the Act.

 

Subclause 2 (1) provides that: 

-          sections 1 to 3 of the Bill will commence on a day on which the Act receives the Royal Assent;

-          subject to subclause 2 (3), Schedule 1, Part 1 commences on a day to be fixed by Proclamation; and

-          Schedule 1, Part 2 commences on the later of commencement of Schedule 1, Part 1 and the commencement of Items 1 to 113 of Part 1 Schedule 1 to the Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2003 .

 

Subclause 2 (3) provides that, if Schedule 1 Part 1 of the new Act does not commence within the period of 6 months beginning on the day on which this Act receives Royal Assent, it will commence on the first day after the end of that period.

 

Clause 3 - Schedule(s)

 

1.       This clause provides that the Quarantine Act 1908 is amended as set out in Parts 1 and 2 of Schedule 1.

 

 

 

 

 

 

 



 

 

SCHEDULE 1

 

AMENDMENT OF THE QUARANTINE ACT 1908

 

Part 1 - Main amendments

 

Item 1 - Subsection 5 (1)

 

2.       This item inserts a new definition of declared place which has the meaning given by

new section 12 of the Act. The new definition modernises the administration of the Act by allowing the Minister to declare any place in or beyond Australia infected, or in danger of being infected, by a quarantinable disease or pest.

 

Item 2 - Subsection 5(1) (paragraph (a) of the definition of Pratique)

 

3.       This item amends the current definition of pratique in subsection 5(1) of the Act to

distinguish its meaning with regard to vessels generally, from its meaning with regard to overseas aircraft to which the new section 32B of the Act will apply. 

 

Item 3 - Subsection 5(1) (after paragraph (a))

 

4.       This item inserts a new paragraph (aa) into subsection 5(1) to define pratique in relation

to overseas aircraft to which new subsection 32B(1) of the Act will apply. New section 32B provides that an overseas aircraft that arrives at a port in Australia or the Cocos Islands will be taken to have been granted pratique at the time of its arrival unless specified circumstances exist.

 

Item 4 - Subsection 5(1) (definition of a proclaimed place)

 

5.       This item repeals the definition proclaimed place in relation to section 12 of the Act. The

definition of proclaimed place is repealed because the amended Act will rely on the new term declared place . The significance of this change is explained at Item 14.

 

Item 5 - Subsection 5(1)

 

6.       This item inserts a definition of vector into the interpretation subsection 5(1) of the Act.

 

Item 6 - Repeal of division or divisions of quarantine

 

9.  Items 6 to 13 refer to the repeal of references to a division of human quarantine

and divisions of human quarantine from the Act. Quarantine officers and Chief Quarantine Officers will no longer be appointed in relation to a nominated division or divisions of human quarantine.

 

10. Item 6 removes the reference to a division or divisions of human quarantine in relation to subsection 8A(2).

 



Item 7- Saving of Determinations

 

11. This item provides that any determinations that were made under old subsection 8A(2) prior to the commencement of Item 6 will continue in force after that date as if the determinations had not referred to a division or divisions of human quarantine.

 

Item 8 - Subsection 8A(6)

 

12. This item repeals subsection 8A(6) and substitutes a new subsection 8A(6) in order to remove the references to a division of quarantine. There is no substantive change in that quarantine officers (human quarantine) will remain subject to directions from Chief Quarantine Officers and the Director of Human Quarantine. The amendment will enable quarantine officers (human quarantine) to be appointed in relation to a State or Territory, or any other geographical location, rather than to a division or divisions of quarantine.

 

Item 9 - Subsection 8A(7)

 

13. This item repeals subsection 8A(7) which will not be needed once references to division s of quarantine have been deleted from the Act.

 

Item 10 - Subsection 9(3)

 

14. This item repeals the subsection 9(3) which will not be needed once references to division s of human quarantine have been deleted from the Act.

 

Item 11 - Saving of Appointments

 

15. This item preserves the continuity of existing appointments by providing that an appointment made under section 9 before it was amended by Item 10 will continue in force after that date as if it had been made under section 9 as amended by Item 10.

 

Item 12  - Subsection 9A(1B)

 

16. This item repeals existing subsection 9A(1B) and substitutes a new subsection 9A(1B) in order to remove existing references to a division or divisions of quarantine.

 

Item 13 - Saving of Appointments and Authorisations

 

17. This item preserves the continuity of existing appointments and authorisations by providing that an appointment or authorisation made under section 9A before it was amended by Item 12 will continue in force after that date as if it had been made under section 9A as amended by Item 12.

 

Item 14 - Section 12

 

18. This item repeals existing section 12 of the Act and substitutes a new section 12. The repealed section 12 of the Act enabled the Governor-General to proclaim that a place in or beyond Australia was infected with a quarantinable disease or pest.

 

 

19. New section 12 enables the Minister to declare that a place is infected with a quarantinable disease or quarantinable pest, or that a quarantinable disease or pest may be brought or carried from or through that place. This will enable a more timely response to a disease threat which has emerged in the place to be declared.

 

Item 15 - Paragraph 15(1)(c)            

 

20. Following on from Items 1 and 4, this item substitutes the new term declared place for the previous proclaimed place in paragraph 15(1)(c) of the Act.

 

Item 16 - After paragraph 18(1)(b)

 

21. Subsection 18(1) specifies the classes of person who shall be subject to quarantine. Paragraph 18(1)(b) specifies the class: every person infected with a quarantinable disease or quarantinable pest. This item amends the Act to insert a new related class: every person a quarantine officer reasonably suspects of being infected with a quarantinable disease or quarantinable pest, with the effect that such persons are also subject to quarantine.

 

Item 17 - Paragraph 21(1A)(a)

 

22. This item repeals the requirement that the commander of an aircraft must display the quarantine signal. Whilst quarantine signals are still used on ships, the use of quarantine signals on aircraft is impractical and outdated given current technology. The repeal of this paragraph reflects a modernisation of the Act.

 

Item 18 - Subsections 22(1), (2) and (3)

 

23. This item repeals the existing subsections 22(1), (2) and (3) of the Act, and replaces them with new subsections 22(1) and (2). This amendment clarifies the obligations on the master of a vessel to notify a quarantine officer of specified conditions on board that vessel.

 

24. New subsection 22(2) specifies the obligations of the master of a vessel to immediately notify a quarantine officer of the presence of prescribed symptoms or of the outbreak of a quarantinable disease, prescribed disease or infectious disease on board that vessel, and to immediately display the quarantine signal. However, pursuant to new paragraph 22(2)(b), the requirement to display quarantine signals no longer applies to overseas aircraft. The new subsections will allow symptoms to be prescribed in regulations to encourage timely notifications of potential disease threats. The notification should be made by the most timely available means of communication, for example via radio communication or telecommunication where practicable. This item retains the previous penalty of a maximum of 5 years imprisonment for non-compliance with these notification requirements. Pursuant to new paragraph 22(2)(a), the master of a vessel will not be subject to prosecution under this provision if the vessel is actually performing quarantine.

 

Item 19 - Paragraph 31(1)(b)

 

25. Section 31 authorises the apprehension, in specified circumstances, of a person who is subject to quarantine. However, section 31 does not make provision for persons who are released under quarantine surveillance. Such persons are not confined to a quarantine area although they are still “liable to quarantine” as a condition of their release. This item amends paragraph 31(1)(b) to ensure that a person who is released under quarantine surveillance is not liable to be apprehended by a police officer or other authorised person.

 

Item 20 - Subsection 32(1)

 

26. Following on from Items 1 and 4, this item substitutes the new term declared place for the previous term  proclaimed place in subsection 32(1) of the Act: see explanation at Item 14.

 

Item 21- Paragraph 32A(1)(b)

 

27. Following on from Items 1 and 4, this item substitutes the new term declared place for the previous term proclaimed place in paragraph 32A(1)(b) of the Act: see explanation at Item 14.

 

Item 22 - After Section 32A

 

28. ‘Pratique’ is a term that is used to refer to the health clearance of a vessel (whether a ship or an overseas aircraft), or an installation, by a quarantine officer (human quarantine). Pursuant to section 33, the master or commander of a vessel is required to report to a quarantine officer upon the arrival of the vessel at a port in Australia or the Cocos Islands. However, increases in air traffic and trade in recent decades require a risk management approach in relation to the management of overseas aircraft arrivals, in order to provide cost-effective protection for Australia, consistent with international rules and standards.

 

29. New section 32B provides that pratique is granted automatically in relation to the arrival of overseas aircraft, unless specified circumstances exist. That is, unless specified exceptions apply, there is no requirement for a quarantine officer to routinely meet or inspect an overseas aircraft upon its arrival in Australia or the Cocos Islands and no requirement to issue a certificate of pratique in relation to every overseas aircraft arrival.

 

30. The exceptions to the automatic grant of pratique under subsection 32B(1) are set out in subsection 32B(2), and include circumstances where:

·         the commander of the aircraft has notified a quarantine officer of the presence of a prescribed symptom, or the outbreak of a prescribed disease or infectious disease on board the aircraft in accordance with the requirements of section 22 of the Act; or

·         the commander of the aircraft has given information to a quarantine officer in accordance with the requirements of section 27B of the Act, regarding matters which must be reported prior to the arrival of the aircraft; or

·         the Director of Human Quarantine has directed, prior to the aircraft’s arrival, that automatic pratique is taken not to have been granted under section 32B.

·         a quarantine officer (human quarantine) advises the commander of the aircraft that he or she is not satisfied that the aircraft is free from infection.

 

31. Paragraph 32B(2)(c) - suspension of automatic pratique. Given the central importance of compliance with the notification and reporting requirements under sections 22 and 27B of the Act to the risk management objectives under section 32B, this item also enables the Director of Human Quarantine to direct, for a specified period, the suspension of ‘automatic’ pratique in relation to a particular aircraft or class of aircraft. Circumstances leading to the making of such a direction under paragraph (c) could include, for example, previous failures by the commander of an aircraft to comply with the reporting and notification requirements, such that the basis of risk assessment for granting pratique ‘automatically’ has been compromised. Other circumstances could include the existence of a new or heightened state of disease alert in the country or region from which the incoming aircraft has departed. In each of these examples, the Director of Human Quarantine will have discretion to suspend automatic pratique for a specified period having regard to factors such as the relative balance of risk of disease or pests in relation to a particular aircraft or class of aircraft.

 

32. Paragraph 32B(2)(d) - retains a quarantine officer’s (human quarantine) discretion to grant pratique on the basis of his or her satisfaction that an overseas aircraft is free from infection. In effect this enables a quarantine officer (human quarantine) to meet and/or inspect any overseas aircraft on a case by case basis, if he or she is not satisfied that the relevant overseas aircraft is free from infection.

 

Item 23 - Before Subsection 33(1)

 

33. This item inserts a new subsection 33(1AA) into the existing section 33, which clearly distinguishes the pratique provisions that are applicable to overseas aircraft and to which section 32B applies, from those pratique provisions that apply to other overseas vessels.

 

Item 24 - Subsection 34 (1)

 

34. Section 34 of the Act provides for all persons landed from a vessel to be under quarantine surveillance pursuant to that section. Following on from Items 1 and 4, this item substitutes the new term declared place for the previous term proclaimed place in subsection 34(1) of the Act: see explanation at Item 14.

 

Item 25 - After Subsection 35(1)

 

35. Subsection 35(1) specifies the powers of a quarantine officer to order vessels, persons or goods into quarantine. This item inserts new subsection 35(1AAAA) to make it clear that a quarantine officer (human quarantine) may exercise his or her discretion as to whether to seek a medical opinion in relation to his or her decision to order a person into quarantine under subsection 35(1).

 

36. The new subsection 35(1AAAA) does not require a quarantine officer (human quarantine) to seek medical opinions routinely in relation to such decisions, but makes it clear that this option is available to a quarantine officer (human quarantine) should he or she consider it necessary or desirable.

 

Item 26 - After subsection 35(1A)

 

37. Existing subsection 35(1A) sets out the powers of a quarantine officer (human quarantine) to order into quarantine any person who is or has been on board an overseas vessel or installation, and who fails to satisfy the quarantine officer (human quarantine) that he or she has been successfully vaccinated or inoculated against any prescribed disease within the prescribed period. This item inserts new subsection 35(1B) to make it clear that a quarantine officer (human quarantine) may exercise his or her discretion as to whether to seek a medical opinion in relation to his or her decision to order a person into quarantine under subsection 35(1A).

 

38. The new subsection 35(1B) does not require a quarantine officer (human quarantine) to seek medical opinions routinely in relation to such decisions, but makes it clear that this option is available to a quarantine officer (human quarantine) should he or she consider it necessary or desirable.

 

39. This item also inserts new subsection 35(1C) which specifies that a quarantine officer (human quarantine) must inform the person of their right to request an independent medical assessment under new section 35C.

Paragraph 35(1C)(b) further requires the quarantine officer (human quarantine) to notify the Director of Human Quarantine of the order as soon as practicable.

 

Item 27 - Subsections 35(2) and 35(2A)

 

40. Following on from Items 1 and 4, this item substitutes the new term of declared place for the previous term proclaimed place into subsections 35(2) and 35(2A) of the Act: see explanation at Item 14.

 

Item 28 - At the End of Section 35

 

41. This item inserts a definition of medical practitioner in subsection 35(5) for the purposes of section 35 of the Act.

 

Item 29 - After subsection 35AA(4)

 

42. Section 35AA sets out the powers of a quarantine officer (human quarantine) to require a person who may possibly be suffering from active pulmonary tuberculosis to undergo a medical examination and to order that person into quarantine. Pursuant to new subsection 35AA(4A), a quarantine officer (human quarantine) must inform the person of their right to request an independent medical assessment under new section 35C. This item also inserts a new paragraph 35AA(4A)(b), which requires a quarantine officer (human quarantine) to provide written notification to the Director of Human Quarantine as soon as practicable after making an order under subsection 35AA(3) or subsection 35AA(4).

 

Item 30 - After subsection 35A(3)

 

43. Section 35A sets out the powers of a quarantine officer (human quarantine) to give directions in relation to any vessel or installation which has a communicable disease on board. Section 35A(3) provides that a quarantine officer (human quarantine) may order any persons into quarantine who are, or have been, on board the vessel or installation and are suffering, or suspected to be suffering, or have been exposed to infection, from the disease.

 

44. This item inserts new subsections 35A(3A) and 35A(3B). New subsection 35A(3A) makes it clear that a quarantine officer (human quarantine) may exercise his or her discretion as to whether to seek a medical opinion in relation to his or her decision to order a person into quarantine under subsection 35A(3). Subsection 35A(3A) does not require a quarantine officer (human quarantine) to seek medical opinions routinely in relation to such decisions, but makes it clear that this option is available to a quarantine officer (human quarantine) should he or she consider it necessary or desirable. Pursuant to new subsection 35A(3B), a quarantine officer (human quarantine) must inform the person of their right to request an independent medical assessment under new section 35C. Paragraph 35A(3B)(b) further requires the quarantine officer (human quarantine) to notify the Director of Human Quarantine of the order as soon as practicable.

 

Item 31 - At the End of Subsection 35A(11)

 

45. This item inserts the definition of medical practitioner into subsection 35A(11) for the purposes of section 35A. Section 35A sets out the powers of a quarantine officer (human quarantine) to give directions in relation to any vessel or installation which has a communicable disease on board.

 

Item 32 - After Section 35A

 

46. This item inserts new sections 35B, 35C and 35D into the Act. The new section 35B clarifies when a person who has been ordered into quarantine under sections 35, 35AA or 35A ceases to perform quarantine and must be released from quarantine. New subsection 35B(1) provides that a person must be released from quarantine once the person has received a certificate of release from a quarantine officer (human quarantine). New subsection 35B(2) requires a quarantine officer (human quarantine) to provide written notification to the Director of Human Quarantine as soon as practicable after releasing a person from quarantine pursuant to subsection 35B(1).

 

47. The new section 35C is inserted to provide the person being detained with a right to seek an independent medical opinion from a medical practitioner of their choice at any time after being ordered to perform quarantine. Such a request may be invoked again after a lapse of 72 hours but not before. The section aims to balance the interest of the individual against the public health risks to the wider community.

 

48. The new section 35D will ensure that the independent medical assessment is considered in determining whether a person is to remain in quarantine. The Chief Quarantine Officer (Human Quarantine) must assess whether a person is to remain in quarantine if an independent medical assessment has been provided (pursuant to 35C) and a copy of the assessment has been provided to a quarantine officer (human quarantine) . In making his or her assessment, the Chief Quarantine Officer (Human Quarantine) must take into account the independent medical assessment. However, this does not mean that any contrary medical opinion must be accepted in preference to the assessment upon which the order was based.

 

Item 33 - Application of sections 35B and 35C

 

49. This item provides that sections 35B and 35C (as inserted by Item 32) apply whether a person is ordered into quarantine under sections 35, 35AA, or 35A, before or after the commencement of Item 32. The effect is that a person who is already in quarantine when Item 32 commences will be able to seek an independent medical assessment under new section 35C and will be subject to the release provisions of new section 35B.

 

 

 

 

 

 

Items 34 and 35 - Subsection 45 (4)

50. Section 45 relates to performance of quarantine by persons. Existing subsection 45(4) specifies that any person subject to quarantine is also under quarantine surveillance.  These items remove the link between being subject to quarantine and being under quarantine surveillance , so that the subsection now provides that any person under quarantine surveillance must comply with the regulations relating to quarantine surveillance .

 

Item 36 - After Part V

 

51. This item creates a new Part VAA which contains provisions on vector monitoring and control activities in a monitoring and control area . The range of vector monitoring and control activities will be prescribed in regulations.

 

52. New section 55B defines terms that are used in Part VAA of the Act. The monitoring and control area is defined as: the area of a port; the area within a permissible distance from the outer boundary of a port; the area within a permissible distance from a place (other than a port) at which a vessel has landed or is parked, moored or berthed; or an area beyond the permissible distance (currently 400 metres) if the officer has reasonable cause to suspect that such measures are necessary in relation to a potential or actual vector incursion in that area.

The permissible distance is specified as 400 metres (commensurate with current international standards) or such greater distance as is prescribed in the regulations.

 

53. New subsection 55C enables a quarantine officer (human quarantine) to carry out or arrange to carry out vector monitoring and control activities in a monitoring or control area that is not on private property.

 

54. New section 55D creates an offence of non-compliance with a direction given by a quarantine officer (human quarantine) to undertake vector control measures on private land, unless the person has a reasonable excuse. Subsection 55D(2) specifies the penalty for non-compliance to be a maximum of 5 years imprisonment.

 

55. New section 55E specifies the powers of a quarantine officer (human quarantine) to carry out or arrange vector monitoring or control activities on private property, with the consent of the person who owns or controls that property. The quarantine officer (human quarantine) must inform the person that he or she could refuse consent. Such consent must be voluntary.

 

56. New section 55F specifies the powers of a quarantine officer (human quarantine) to carry out or arrange vector monitoring and control activities in an emergency. This power may be exercised where a quarantine officer (human quarantine) has reasonable grounds to believe that the situation is of such seriousness and urgency as to justify carrying out the activities without consent.

 

57. New section 55G specifies the powers of a quarantine officer (human quarantine) to carry out vector monitoring and control activities under the terms of a warrant issued by a magistrate. The content of such a warrant is specified in subsection 55G(5). Warrants may be granted by telephone or other electronic means (see Item 41 - Section 66AH).

 

 

 

Item 37 - Subsection 59(2)

 

58. Pursuant to subsection 59(2), the owner, master, or agent of a vessel may arrange with the Minister for the carrying out of responsibilities of the performance of quarantine as specified in subsection 59(1), and for the payment of expenses relating to those responsibilities. The Minister may take any action he or she believes necessary and the owner, master or agent of the vessel shall pay any expenses incurred during this process to the Commonwealth. This item replaces the phrase shall be paid , with the phrase must, at the Commonwealth’s request, be paid in relation to such expenses. This amendment introduces flexibility by allowing the Minister not to request payment for some or all of the expenses.

 

Item 38 - Application of Item 37

 

59. This item provides that the amendment made by Item 37 in relation to cost recovery, will apply to expenses incurred on and from the day on which this item commences.

 

Item 39 - Section 62

 

60. This item repeals section 62 so that individuals who are ordered into quarantine under sections, 35, 35AA or 35A will no longer be liable for any costs incurred for the quarantine period.

 

Item 40 - Application of Item 39

 

61. This item provides that the amendment made by Item 39 does not apply in relation to costs incurred before the day on which this item commences. That is, section 62 will continue to apply to any costs incurred prior to the commencement of this item.

 

Item 41 - Subsections 66AH(1), (3) and (4)

 

62. Section 66AH provides for warrants to be granted by telephone or other electronic means. This item provides for warrants under new section 55G (vector monitoring and control activities) to be granted by telephone or other electronic means.

 

Item 42 - Paragraph 87(1)(j )

 

63. Section 87 is the regulation making power and, pursuant to paragraph 87(l)(j) the Governor-General may make regulations for prescribing the precautions to be taken by masters of vessels at proclaimed places among other matters. Following on from Items 1 and 4, this item replaces the term proclaimed place with the new term declared place in paragraph 87(1)(j) of the Act .

 

Item 43 - Subparagraph 87(1)(l)(ii)

 

64. Section 87 is the regulation making power and, pursuant to subparagraph 87(l)(ii) the Governor-General may make regulations for regulating and controlling sanitary conditions of proclaimed places, among other things. Following on from Items 1 and 4, this item replaces the term proclaimed place with the new term declared place in subparagraph 87(1)(l)(ii) of the Act .

 

 

Part 2 - Amendments relating to Christmas Island

 

Item 44 - Subsection 5(1) (after subparagraph (aa)(ii) of the definition of Pratique)

 

65. This item inserts a new subparagraph (aa)(iii) to extend the definition of pratique to apply to aircraft arriving in Christmas Island from a place outside Christmas Island.

 

Item 45 - Subsection 32B(1)

 

66. This item will amend new subsection 32B(1) to replace the phrase “or the Cocos Islands” with the phrase “the Cocos Islands or Christmas Island”.