Health Act 1956

Quarantine

110: Disinfection and fumigation of craft

You could also call this:

"Keeping boats clean to stop the spread of diseases"

If you are in charge of a boat, a medical officer of health or a health protection officer can give you a written order. This order tells you to clean, fumigate, disinfect, or treat the boat if they think it is not clean or might spread a disease. They can give you this order even if the boat is not under quarantine.

You must follow the order, which will say how and when to clean the boat, and where to do it. If you do not follow the order, you can get a fine of up to $10,000. The medical officer of health or a health protection officer can also clean the boat themselves, and you will have to pay for the costs.

The medical officer of health and health protection officers have the power to make sure boats are clean and do not spread diseases. They can also make rules about getting rid of birds, rodents, or insects on ships. If they take action to clean a boat, it does not mean you will not get a fine if you did not follow the order.

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Part 4Quarantine

110Disinfection and fumigation of craft

  1. The medical officer of health or a health protection officer may, if he or she believes that a craft is in an insanitary condition or in a condition favourable to the outbreak or spread of an infectious disease, sign and give to the master or pilot a written order requiring the craft to be cleansed, fumigated, disinfected, or treated, in a manner, within a time, and at a place stated in the order.

  2. The order may be given whether or not the craft is liable to quarantine.

  3. If the order is not complied with,—

  4. the master or pilot commits an offence, and is liable on conviction to a fine not exceeding $10,000; and
    1. the medical officer of health or a health protection officer may have the craft cleansed, fumigated, disinfected, or treated (whether in accordance with the order or otherwise).
      1. All expenses incurred by the Crown in acting under subsection (3)(b) are recoverable from the owner or agents of the craft as a debt due to the Crown.

      2. No action taken in respect of a craft under paragraph (b) of subsection (3) limits the liability of its master or pilot under paragraph (a) of that subsection.

      3. Regulations made under this Act may give the medical officer of health and health protection officers powers in respect of the destruction of birds, rodents, or insects on ships.

      4. Subsection (6) does not limit the general powers given by this section.

      Notes
      • Section 110: replaced, on , by section 11 of the Health Amendment Act 2006 (2006 No 86).
      • Section 110(3)(a): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).