Commonwealth Numbered Acts

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT 27

27. Sections 52, 53, 54 and 55 of the Principal Act are repealed and the
following sections substituted: Examination of animals on importation

"52. (1) A quarantine officer prescribed for the purpose, or a person
authorized by such an officer to do so, may examine an imported animal that
has not been released from quarantine.



"(2) Subject to the regulations, where a quarantine officer is of the opinion
that there is no reason to suspect that an animal -

   (a)  imported into Australia; or

   (b)  imported into the Cocos Islands otherwise than for the purpose of
        performing quarantine before being imported into Australia, that has
        not been released from quarantine is suffering from any disease or is
        a source of infection of a disease, the quarantine officer may permit
        the animal to be delivered to the importer of the animal.



"(3) Where, under sub-section (2), a quarantine officer permits an animal to
be delivered to the importer of the animal, the officer may release the animal
from quarantine or release the animal under quarantine surveillance.



"(4) Where a quarantine officer does not permit an imported animal to be
delivered to the importer of the animal under sub-section (2), the officer
shall order the animal into quarantine.



"(5) Permission under this section for an animal to be delivered to the
importer of the animal is subject to the condition that authority for the
animal to be so delivered is given under the Customs Act 1901, and, for the
purposes of this Act, except sub-sections (3) and (4), the permission shall be
deemed not to have been given unless and until that authority has been given.



"(6) In this section -

'animal' means -

   (a)  a live animal; or

   (b)  viable animal material, and includes the ovum, semen and embryo of
        an animal but does not include any other biological product;

'biological product' means goods that are, are produced from, or the
production of which involves the use of, organisms or the tissue or body
fluids of organisms, and includes vaccines and toxoids. Examination of plants
on importation

"53. (1) A quarantine officer or an authorized person may examine any imported
plant that has not been released from quarantine.



"(2) Subject to the regulations, where a quarantine officer is satisfied that
a plant imported into Australia or the Cocos Islands may be delivered to the
importer of the plant without the danger of bringing a disease into Australia
or the Cocos Islands, as the case may be, he may release the plant from
quarantine and permit the plant to be delivered to the importer of the plant.



"(3) Where a quarantine officer does not release an imported plant from
quarantine, the officer shall order the plant into quarantine.



"(4) Permission under this section for a plant to be delivered to the importer
of the plant is subject to the condition that authority for the plant to be so
delivered is given under the Customs Act 1901, and, for the purposes of this
Act, the permission shall be deemed not to have been given unless and until
that authority has been given. Examination of imported animals and plants

"54. (1) A quarantine officer or an authorized person may examine an imported
animal or plant that has been released from quarantine.



"(2) If, after the examination of animal under sub-section (1), a quarantine
officer is of the opinion that the animal is suffering from a disease or is a
source of infection of a disease, the officer may order the animal into
quarantine.



"(3) Where, after the examination of a plant under sub-section (1), a
quarantine officer is of the opinion that there is danger of the plant
spreading a disease, the officer may order the plant into quarantine.



"(4) In this section, 'animal' has the same meaning as in section 52.".