Quarantine Amendment Act 1991 (Cth)

Quarantine Amendment Act 1991

No. 134 of 1991

An Act to amend the Quarantine Act 1908

[Assented to 2 September 1991]

The Parliament of Australia enacts:

Short title etc.

1. (1) This Act may be cited as the Quarantine Amendment Act 1991.

(2) In this Act, "Principal Act" means the Quarantine Act 19081.

Commencement

2. This Act commences on 1 September 1991.

Quarantine expenses in case of animals and plants

3. Section 64 of the Principal Act is amended by adding at the end the following subsections:

"(3) If expenses are payable under subsection (1) in respect of animals, plants or goods, the Director of Animal and Plant Quarantine may, in writing, direct that the animals, plants or goods must not be released from quarantine until:

(a) the expenses have been paid to the Commonwealth; or

(b) the owner of the animals, plants or goods has entered into an agreement with the Commonwealth for the payment of the expenses and has taken any action required by the agreement as a condition for the release of the animals, plants or goods.

"(4) Without limiting the matters that may be included in an agreement mentioned in paragraph (3) (b), an agreement may require the owner of the animals, plants or goods concerned to do either or both of the following:

(a) pay interest at a rate not exceeding 20% per year on the amount of the expenses from time to time owing to the Commonwealth in respect of the animals, plants or goods;

(b) give security for the payment of the expenses and interest (if any) owing to the Commonwealth in respect of the animals, plants or goods.

"(5) A person must not release animals, plants or goods from quarantine in contravention of a direction under subsection (3).".

4. The amendment of the Principal Act effected by section 3 does not apply to expenses incurred in respect of any animals, embryos, gametes or other genetic material, plants or goods first detained in quarantine before 1 September 1991.