An Act to amend the Laws relating to Quarantine. [Assented to, 21st December, 1877.] WHEREAS it is expedient to amend the Laws now in force Preamble. respecting Quarantine-Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows: 1. This Act may be cited for all purposes as "The Quarantine Act, Short title. 1877." 2. Act No. 3 of 1850 shall be and the same is hereby repealed. Repeal. infected, and persons having communication with them, to be quarantine. liable to perform 3. If the Governor shall by Proclamation notify that any place Vessels, goods, and beyond the seas is infected with small-pox, cholera, or other in- passengers arriving from places notified fectious or contagious disease, and that it is probable such disease by the Governor as may be brought from such place to South Australia, immediately after such notification all vessels whatever arriving from or having touched at any such place, and all vessels and boats receiving any person or thing whatsoever from or out of any vessel so coming from or having touched at such infected place as aforesaid, whether such person or thing shall have come or been brought in such vessel, or such person shall have gone or have been put on board the same either before or after the arrival of such vessel at any place in South Australia, and whether such vessel was or was not bound to any place in South Australia; and all persons and things whatsoever on board of any vessel so coming from or having touched at such infected place as aforesaid, or on board of any such receiving vessels or boats as aforesaid, shall be liable to quarantine within the meaning A No person or thing to be put on shore until of quarantine. The Quarantine Act.-1877. meaning of this Act, and of any order made by the Governor and notified by Proclamation concerning quarantine and the prevention of infection from the time of the departure of such vessels from such infected place as aforesaid, or from the time such persons or things shall have been received on board respectively. 4. All such vessels and boats as aforesaid, and all persons (as well after due performance pilots as others) and all things whether coming or brought in such vessels or boats from such infected place as aforesaid, or going or being put on board the same either before or after the arrival of such vessels or boats at any place in South Australia, and all persons and things as aforesaid on board such receiving vessel or boat as aforesaid shall upon their arrival at any place in South Australia be required to perform quarantine in such places for such time and in such manner as shall be from time to time directed by the Chief Secretary until such vessels and boats, persons and things as aforesaid shall have respectively performed and shall be duly discharged from quarantine; no such persons or things shall either before or after the arrival of such vessels or boats at any place in South Australia come or be brought on shore, or go or be put on board any other vessel or boat in order to come or be brought on shore in any such place unless in such manner, and in such cases, and by such licence as shall be directed or permitted by any such order as aforesaid. of Governor. Vessels coming from 5. All such vessels or boats, whether coming from such infected infected places to be subject to the orders place as aforesaid or being otherwise liable to quarantine as aforesaid, and all persons (as well pilots as others) and things as aforesaid, whether coming or brought in such vessels or boats, or going or being put on board the same, either before or after the arrival of such vessels or boats at any place in South Australia, and all masters or other persons having the charge or command of any such vessels or boats, whether coming from any infected place or being otherwise liable to quarantine as aforesaid, shall be subject to all the provisions, rules, regulations and restrictions, contained in this Act or in any orders which shall be made by the Governor as aforesaid, concerning quarantine and prevention of infection. Punishments for 6 The Governor may in any order made under the provisions breach of regulations. of this Act, attach a penalty not exceeding the sum of Fifty Pounds, or a liability to imprisonment for any term not exceeding three months to the disobedience of such order, or breach of any of the regulations therein contained; and the person disobeying any such order, or breaking any such regulations, shall be punishable therefor as if such penalty or term of imprisonment provided as aforesaid had been provided by this Act as the punishment for the offence committed by such person; and when no penalty or term of imprisonment provided as aforesaid had been provided by this Act as the punishment for the offence committed by such person, and when no penalty or term of imprisonment shall be provided by such order as aforesaid for disobedience thereof, or for breach of any regu lation The Quarantine Act.-1877. lation therein contained, the person so offending shall forfeit and pay for every such offence a sum not exceeding Twenty Pounds. nor to prevent infec 7. The Governor may make such order as shall be deemed Power of the Goverexpedient upon any unforeseen emergency, or in particular cases, tion in cases of emerwith respect to any vessel arriving and having any such infec- gency. tious or contagious disease on board, or on board of which any such infectious or contagious disease may have appeared in the course of the voyage, or arriving under any other alarming or suspicious circumstances as to infection or contagion, although such vessel shall not have arrived from any place from which the Governor may have declared it probable that any such infectious disease may be brought; and also with respect to the persons and things as aforesaid on board the same, and may require all or any persons on board of any such vessel to be vaccinated. In case of any such infectious disease appearing or breaking out in South Australia, the Governor may make such orders and give such directions in order to cut off all communication between any persons infected with any such disease and the rest of Her Majesty's subjects as shall appear necessary and expedient for that purpose; and may likewise make such orders as the Governor may deem fit for shortening the time of quarantine to be performed by particular vessels or particular persons or things, or for absolutely or conditionally releasing them or any of them from quarantine; and all such orders so made as aforesaid, shall be as good, valid, and effectual to all intents and purposes, as well with respect to the master or other person having charge of any vessel and all other persons on board the same, as with respect to any other persons having any intercourse or communication with them, and to the penalties and punishments to which they may respectively become liable, as any order concerning quarantine, made by the Governor and notified as aforesaid: vided, however, that all unnecessary hardship or inconvenience may be prevented, it shall be lawful for the Governor to allow such persons suffering from contagious or infectious diseases to be visited by their friends, relations, or private medical adviser at any time, under the recommendation or request of the Colonial Surgeon or of the President of the Board of Health. Pro Jazarets and places 8. The Governor may from time to time, by any order notified by Governor to appoint Proclamation, appoint certain stations or places within or near any for performing harbor or place within South Australia, for the performance of quaran- quarantine. tine under this Act, where all vessels liable to quarantine, and the crews, passengers, and persons on board thereof shall perform the same; and also, if necessary, appoint lazarets and other places where the crews, passengers, and other persons, and the things which shall or may be on board the said vessels shall be detained and kept for the performance of quarantine. All persons liable to perform quarantine, and all persons having had any intercourse with them (whether in vessels, or in a lazaret, or elsewhere), shall be subject, during the time they are liable to quarantine, to such orders as they shall receive from the person in charge of such station, lazaret, or place, or his assistant; and the said officers are 1 No boats or persons to communicate with by Health Officer. The Quarantine Act.-1877. are required to enforce all necessary obedience to the said orders, and in case of necessity, to call in others to their assistance; and such officers shall compel all persons liable to quarantine, and persons having had any intercourse with them, to repair to such station, lazaret, or place; and if any person liable to perform quarantine, or any person having had any intercourse with him, shall wilfully refuse or neglect to repair, when required by such officers or either of them, to the said station, lazaret, or place appointed, or having been placed in the said station, lazaret, or place, shall escape, or attempt to escape out of the same before quarantine duty performed, the said officers, or either of them, and also the watchman and other persons appointed may, by such necessary force as the case shall require, compel every person so refusing, or neglecting, escaping, or attempting to escape, to repair, or return to such station, lazaret, or place; and every person so refusing, or neglecting, and also every person actually escaping, shall forfeit a sum not exceeding Two Hundred Pounds, or in default of payment shall be imprisoned for any period not exceeding six months. 9. No person shall with any boat whatever, other than the boat vessels until visited belonging to the pilots, the Post Office, the police, and the Customs, board or go alongside of any vessel arriving in any harbor of the said Province from any place other than those coming within the exemption contained in the last preceding section, until such vessel shall have been boarded by the Health Officer, and the visiting flag shall have been hauled down; and no person other than a pilot shall go on board such vessel from any Post Office, police, or Customs boat until such time as aforesaid; and if any person shall offend against the provisions hereof, or if any master of a merchant vessel in harbor shall order, or permit, or suffer any of his boats or crew to board or go alongside any such vessel so arriving as aforesaid for the purpose of communicating with the persons in any such vessel as last mentioned whilst the visiting flag shall continue to be flying at the mast thereof, every such master or other person shall for every such offence forfeit and pay a sum not less than Thirty and not exceeding Fifty Pounds, or in default of payment, shall be imprisoned for any period not exceeding three months. Medical officer may be appointed for persons in quarantine owners of the vessel. at the cost of the Proper provisions and medicines to be supplied for persons in quarantine. 10. In case it shall be deemed necessary by the Governor to appoint any medical officer to take charge of any of the crew and passengers of a vessel placed in quarantine, it shall be competent to the said Governor to fix the amount of remuneration to be paid to such medical officer for his services, and to cause the same to be paid by the Treasurer, and the amount so paid shall be repaid to the said Treasurer by the owners or agents of such vessel before she shall be permitted to clear out and leave the port in which she shall then be: Provided that this enactment shall not apply to any vessel chartered by the Government for the conveyance of immigrants. 11. It shall be the duty of the owners and agents of any vessel placed in quarantine to supply the crew and passengers thereof with such The Quarantine Act.-1877. such wholesome and suitable provisions and medicines as shall be required by the medical practitioner in charge; and if such provisions and medicines are not forthwith supplied accordingly, the same may be provided under the order of the Chief Secretary, and the cost thereof, including the conveyance of the same, shall be paid by the said owners or agents into the hands of the Treasurer before such vessel shall be permitted to clear out or leave the port in which she shall then be: Provided that nothing herein contained shall apply to or in respect of immigrants conveyed at the charge of the Government under charters by which the owners are exempted from liability for the maintenance and care of such immigrants whilst under quarantine. Masters and others 12. The master, or person (excepting the pilot) having the charge of any vessel, and the surgeon, dispenser, or other medical officer of any vessel coming from parts beyond seas, shall give to the person for the time being authorized to act as the Health Officer, or on behalf of the Health Officer of the port at which such vessel shall arrive, either alongside or on board such vessel as such Health Officer may desire, a written paper containing a true account of the name or names of the place or places at which such vessel shall have loaded, or shall have touched on the voyage to South Australia, and of the health of the crew and passengers of such vessel during the voyage, and the cause of death of any person who shall have died on such voyage; and also true answers to the questions contained in the form provided by the First Schedule hereto, or in such other form as shall be prescribed from First Schedule. time to time by the Governor in that behalf, and published in the Government Gazette; and shall also truly answer orally any questions which may be put to him touching all or any of the matters aforesaid by such Health Officer. 13. Any such master or person in charge of such vessel as afore- If they fail, guilty of said, or any such surgeon, dispenser, or other medical officer who shall misdemeanor. refuse to answer such questions as shall be so put to him, or shall make any false answer to any question put to him as aforesaid, shall be guilty of a misdemeanor, and shall, on conviction thereof, be imprisoned with or without hard labor for any period not exceeding two years, or fined in any sum not exceeding Three Hundred Pounds at the discretion of the Court or Judge before whom he shall be convicted. may be made. 14. Such master, or person in charge of such vessel as aforesaid, Inspection of ship, shall permit the Health Officer to inspect any part of the vessel, and crew, and passengers all or any of the passengers or crew of such vessel; any master, or other person in charge of such vessel, refusing to permit such inspection, or obstructing the Health Officer therein, shall for every such offence be liable to a penalty not exceeding Fifty Pounds, or in default of payment shall be imprisoned for any period not exceeding three months. When vessel not 15. If it shall appear to the Health Officer that such vessel is not liable to perform quarantine, he shall give to the master, or other person in charge of such vessel as aforesaid, a clean bill of health, be given. in |