Quarantine (Bio-security) Act

Link to law: http://www.palemene.ws/new/wp-content/uploads/01.Acts/Acts%202005/Quarantine_Biosecurity_Act_2005_-_Eng.pdf
Published: 2005

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rangement of Provisions


PART I
PRELIMINARY

1. Short title and commencement
2. Interpretation 3. Act to bind the Government
and requirement for co-
operation and mutual support

PART II
IMPORT BIOSECURITY

4. Scope of biosecurity
5. Minister may appoint ports
and airports
6. Quarantine station
7. Particulars to be given
8. Examination of documents
9. Facilities at ports and
airports
10. Cleansing and disinfection of
insanitary conveyance or
installation
11. Landed cargo under
quarantine control
12. Restriction on importation of
regulated articles
13. Proof required of legal
importation of regulated
articles
14. Restriction on importation of
cultures, etc
15. Prohibition of importation of
regulated articles
16. Notification of imports
17. Dispatch of regulated articles
to Samoa
18. Inspection on arrival
19. Examination of imported
goods
20. Inspection of in-transit
shipments
21. Importation for special
purposes
22. Inspection and treatment
23. Ports and airports of entry
24. Duty of Immigration,
Customs and Postal Officers
25. Seizure and biosecurity
26. Duty to prevent animal from
being landed
27. Identification of packages
28. Declaration by passengers
29. Discharge and treatment of
garbage and ballast water

PART III
PEST AND DISEASE
CONTROL

30. Pest and disease surveys

2005, No.22 Quarantine (Biosecurity) 2005 59
31. Declaration and control of
infected areas
32. Revocation of infected area
declaration
33. Avoidance of pest or disease
34. Control or eradication of a
pest or disease
35. Declaring and maintaining
areas free or of low pest and
disease prevalence
36. Proclamation of pest or
disease emergency
37. Power to take the life of an
animal and conduct post
mortem examination
38. Beneficial organisms and
biocontrol agents
39. Pests and diseases

PART IV
GENERAL

40. International cooperation and
register of known pests and
diseases
41. National Biosecurity
Coordination
42. Authorised Officers
43. Identity cards
44. Facilities for the inspection
and treatment of regulated
articles
45. Powers of entry
46. Search
47. Opening of containers, etc
48. Obstructing Authorised
Officers
49. Compliance agreements
50. Safe carriage and safe
working environment of
Authorised Officers
51. Protection against claims
52. Fees and charges
53. Withholding services
54. Enforcement of conditions
imposed
55. Evidence
56. Sanctions
57. Disposal or destruction of
regulated articles
58. Delegation by Minister
59. Delegation by Chief
Executive Officer
60. Amendment of First
Schedule
61. Giving notice under this Act
62. Existence of pest or disease
63. False, misleading or
incomplete declarations and
certificates
64. Transmission of forms,
notices, advices etc
65. Liability for causing
Authorised Officer to incur
expense
66. Offences
67. Offence with which
Authorised Officers may be
charged
68. Money
69. Regulations
70. Consequential repeals and
amendments
71. Savings and transitional
arrangements

First Schedule – Penalties for
offences

Second Schedule –
Consequential Repeals &
Amendments



__________

60 Quarantine (Biosecurity) 2005 2005, No.22

2005, No. 22


AN ACT to consolidate the law relating to the importation
of regulated articles and associated biosecurity risk, and
the control of pests and diseases of animals, plants and
the wider environment. [2
nd December 2005]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows: -

PART I
PRELIMINARY

1. Short title and commencement-(1) This Act may be
cited as the Quarantine (Biosecurity) Act 2005.
(2) This Act shall commence in part or in whole on a date
or dates nominated by the Minister.
(3) Notice of commencement of this Act, in part or in
whole, shall be published in Samoan and English in the Savali
and one other newspaper circulating in Samoa.

2. Interpretation - In this Act, unless the context otherwise
requires -
“alien invasive species” means an alien species whose
introduction and spread threaten ecosystems, habitats or
species with environmental or economic harm;
“animal” means any living thing that is not a plant and
includes a dead animal and any part of an animal;
“animal product” means any part of the animal including
the flesh, wool, hair, skin, hide, bones, horns, hooves,
feathers and other portions of the carcass and any
product that is wholly or partly derived from an animal
or any part of an animal being a product or a part of an
animal which has not been treated or sterilized to the
stage where it is rendered free from any disease and
from carrying any disease;

2005, No.22 Quarantine (Biosecurity) 2005 61

“approved” means approved by the Chief Executive
Officer;
“Authorised Officer” means an officer authorised by this
Act or the regulations or by the Chief Executive Officer
to do the act in relation to which the expression is used
and may include an officer employed by another
Ministry of the Government authorised by the Chief
Executive Officer;
“ballast water” means water (including sediment that is or
has been contained in water) used as ballast in a vessel;
“beneficial organism” means a natural enemy, antagonist or
competitor, and other self-replicating biotic entity used
for pest and/or disease control;
“biosecurity risk” means risk of the likelihood of:
(a) A disease or pest being introduced, established or
spread in Samoa; and
(b) The disease or pest causing damage to human
beings, animals, plants, other aspects of the
environment or economic activities as a result of
the introduction, establishment or spread of the
disease or pest;
“carcass” means the carcass of any animal and includes the
whole or any part of the flesh, wool, hair, skin, hide,
bones, horns, hooves, feathers or other portion of the
carcass;
“Chief Executive Officer” means the Chief Executive
Officer of the Ministry responsible for this Act from
time to time;
“contamination” means the presence in goods, a storage
place, or conveyance, of pests or other regulated articles,
not constituting an infestation;
“compliance agreement” has the meaning given by section
49;
“conveyance” means any vessel, vehicle, or other means of
transport, or any container that is used to move people
and/or goods from one location to another;
“country of origin” in relation to any regulated articles,
means the country where the goods were grown or
produced;

62 Quarantine (Biosecurity) 2005 2005, No.22

“discharge” in relation to a vessel or installation, includes
any escape, spilling, leaking, pumping, emptying or
other release, however caused, from the vessel or
installation;
“disease” means any organism that is capable of harming or
adversely affecting animals or plants and includes the
causative agent and any form or stage of development of
such disease and includes a micro-organism, a disease
agent, an infectious agent and a parasite;
“environment” includes all aspects of the surroundings of
human beings, whether natural or surroundings created
by human beings themselves, and whether affecting
them as individuals or in social groupings;
“fittings” means any container, stall, stable, sheep pen,
milking shed, horse box, cage, kennel or other thing for
keeping or confining animals and any halters, brushes,
clothes, buckets or other articles or things whatsoever
which have been brought into contact with any animal;
“fodder” means any hay, grass, straw, green crop, root, fruit
or vegetable (whether fresh, dried, preserved or
processed), grain, or any cereal and includes any other
thing used for the food of animals;
“food” includes:
(a) Any substance or thing of a kind used or capable of
being used as food or drink by human beings;
and
(b) Any substance or thing of a kind used or capable of
being used as an ingredient in a substance or
thing referred to in paragraph (a), whether or not
it is in a condition fit for human consumption;
“garbage” means mixed refuse, waste material derived in
whole or in part from plants, fruits, vegetables, meat or
other plant or animal material, or other refuse of any
character whatsoever that has been associated with any
fruits, vegetables, meats or other plant or animal
material;
“genetic material” means any material of plant, animal,
microbial or other origin containing functional units of
heredity;

2005, No.22 Quarantine (Biosecurity) 2005 63

“genetically modified organism” means any genetic
material whose genetic structure has been modified;
“goods” includes regulated articles and any other kind of
moveable property;
“Government” means the Independent State of Samoa;
“imported animal” means any animal brought into Samoa
by sea or air;
“infected” applied to any animal or plant means that the
animal or plant may not be known to be actually
diseased, but has had direct or indirect contact with any
diseased animal or plant or any place or thing which an
Authorised Officer suspects to be carrying or harbouring
a disease;
“infected area” means any area of land or water which the
Minister by public notice has declared to be an infected
area by a notice under section 31, and an infected area
can include part of the territorial waters of Samoa;
“infested” means the presence in goods of a living plant or
animal or pest;
“inspection” means the examination of any place,
conveyance, good or thing for the purpose of detecting
contamination;
“installation” means:
(a) A resources installation; or
(b) A sea installation;
“in-transit” means the process where regulated articles,
which are from another country and are not to be
imported into Samoa and which are destined for another
country, are temporarily in Samoa;
“introduction” means the entry of a pest or disease resulting
in its establishment;
“land” refers to any area of the land of Samoa and any area
of its territorial waters;
“litter” means any straw, or other material which is used for
bedding down animals and includes the excreta of
animals;
“Minister” means the Minister responsible for this Act from
time to time;

64 Quarantine (Biosecurity) 2005 2005, No.22

“Ministry” means the Ministry responsible for this Act
from time to time;
“monitoring” means an official monitoring process used to
identify sanitary and phytosanitary situations and may
include surveys, tests or examinations for the presence
or absence of specified pests and diseases;
“notice” means a notice in writing, or in print, or partly in
writing and partly in print, delivered personally, or, (as
the case may require) by leaving it at or posting it
addressed to the office or address of an Authorised
Officer, or the usual or last known place of abode or
business in Samoa of the owner or other person to be
affected by the notice, or by affixing the notice at the
home or other conspicuous place on the land of the
owner or other person;
“occupier” in relation to any land, means the occupant of
the land and if the land is not occupied or the occupant
is unknown or cannot be found, includes the owner of
the land or of any estate or interest in the land;
“organism” means a biotic entity capable of reproduction or
replication, vertebrate or invertebrate animals, plants
and micro-organisms;
“packing material” means any wood, straw, paper,
cardboard, grass or leaves used in packing any goods
and any other type of material in which goods or
regulated articles are covered, enclosed, contained or
wrapped;
“permit” means a written authorisation issued by the Chief
Executive Officer or an Authorised Officer under
section 12 for the movement into or through Samoa of
regulated articles;
“pest” means an organism of plant or animal origin which
can constitute a biosecurity risk and directly or
indirectly cause disease, injury or damage to plants or
animals, and includes any living stage of insect, mite,
nematode, snail, slug, or other invertebrate animal,
bacteria, fungi, virus or similar organism and includes a
weed pest, an insect pest, a noxious plant, noxious insect


2005, No.22 Quarantine (Biosecurity) 2005 65

and can include an alien invasive species of plants or
animals;
“Phytosanitary certificate” in relation to any plant or plant
material, means an official certificate issued by an
officer of a plant protection authority of the country of
origin of the plant or plant material, substantially in the
format of the Model Certificate of the International Plant
Protection Convention, certifying that the plant or plant
material to which it refers has been inspected and found
free from agricultural pests and substantially free from
other injurious pests;
“place” includes any land, water, harbour, wharf,
conveyance, building, premises or structure within the
outer limits of the territorial sea of Samoa;
“plant” means all species, varieties and types or parts
thereof including stems, branches, tubers, bulbs, corms,
sticks, budwood, cuttings, layers, slips, suckers, roots,
leaves, flowers, fruits, vegetables, seeds, botanical
specimens, germplasm and any other plant growth and
includes a dead plant or part of a dead plant;
“plant material” means any part of a plant that has been
partially or wholly manufactured, but still presents a
phytosanitary risk;
“premises” includes the following:
(a) A building or conveyance or structure;
(b) A place (whether enclosed, or built on, or not); and
(c) A part of a thing or place referred to in paragraph (a)
or (b);
“procedures” means:
(a) The doing of anything under this Act or the
regulations, and any conditions of permits or
approvals given under any of the above; and
(b) The doing of anything in connection with activities
carried out in the performance of functions
related to this Act or the regulations;
“public notice” in relation to any act, matter, or thing means
a notice published in one or more newspapers
circulating in the place or area to which the act, matter

66 Quarantine (Biosecurity) 2005 2005, No.22

or thing relates or refers or in which it arises and
“publicly notified” has a corresponding meaning;
“quarantine” means a restriction imposed by an Authorised
Officer, whereby the production, movement or existence
of animals, animal products, plants, plant material,
goods, regulated articles or any other articles or
materials or the activity of persons is brought under
regulation in order that the introduction or spread of a
pest or disease may be prevented or limited or in order
that a pest or disease already introduced may be
controlled or eradicated, thereby reducing or avoiding
losses that otherwise occur through damage done by the
pest or disease or through a continuing of control
measures;
“quarantine control” means:
(a) A restriction imposed by an Authorised Officer
whereby the production, movement or existence
of regulated articles or any other article or
material is brought under regulation; or
(b) The activity of persons is brought under regulation,
in order that the introduction or spread of a pest
or disease may be prevented or limited or in order
that a pest or disease already introduced may be
controlled or eradicated;
“quarantine station” includes a quarantine station,
temporary quarantine station, a quarantine check-point,
a post-entry quarantine station, and all facilities and
services related to such quarantine station or check-
point;
“regulated article” means garbage, soil, pests, packing
material, fittings, litter, manure or fodder and other
materials, goods, substances, articles or equipment and
includes one or more animals, animal products, plants or
plant material the importation or movement of which
may have potential to introduce or spread a pest or
disease to or within Samoa;
“re-ship” in relation to any imported plant, plant material,
animal, animal product, material or regulated article,

2005, No.22 Quarantine (Biosecurity) 2005 67

means to send it out of Samoa, either by the vessel in
which it was imported, or by any other vessel;
“risk analysis” means the process of evaluating biological
or other scientific and directly related evidence related
to a biosecurity risk to determine whether a pest or
disease should be regulated and the strength of any
sanitary or phytosanitary measures to be taken against it;
“SPS Agreement” means the World Trade Organisation
Agreement on Sanitary and Phytosanitary Measures and
includes any amendments to or substitutions of that
Agreement that are or will become binding on Samoa
from time to time;
“Samoa” includes any land, place, water, harbour, wharf,
port, airport, conveyance or premises within the outer
limits of the territorial sea of Samoa;
“soil” means loose earth material and includes rock and
disintegrated rock which has an admixture of any
organic material, soluble salts, gravel, compost or clay;
“Territorial Sea” means the territorial sea as defined in the
Maritime Zones Act 1999;
“test” means an official examination to determine if pests
or diseases are present;
“timber” includes logs, branchwood, firewood and bark,
and all wood which has been split, hewn, sawn or
dressed but not otherwise manufactured, and further
includes prefabricated building units, poles and the like,
crossarms, shakes and shingles;
“to treat” means to take measures to ensure removal of
injurious materials or the elimination, sterilization or
killing of any pests and diseases for the avoidance of
contamination, including, among other measures, the
cleaning, incineration, disinfection and disinfestation of
regulated articles, or the re-shipment thereof, and the
destruction of pests and diseases;
“vessel” means any ship, boat or other vessel or vehicle
used in navigation by sea, or aircraft, and includes an
off-shore industry mobile unit (being an overseas
installation) that is bound for or is at a port;


68 Quarantine (Biosecurity) 2005 2005, No.22

“Vessel Log” means the record kept by a vessel that
provides details of ports of call of the vessel and details
of where any cargo or passengers have been taken on
board.

3. Act to bind the Government and requirement for co-
operation and mutual support-(1) This Act binds the
Government.
(2) In undertaking their functions and powers under:
(a) This Act by the Minister, the Chief Executive Officer
and the Ministry; and
(b) The Health Ordinance 1959 by the Minister
responsible for Health from time to time, the
Chief Executive Officer of the Ministry of
Health and the Ministry of Health,
the Ministers, the Chief Executive Officers and the Ministries
shall co-operate and provide mutual support and assistance in
dealing with any biosecurity risk to Samoa and the Samoan
people.

Part II
IMPORT BIOSECURITY

4. Scope of biosecurity - In this Act, biosecurity includes,
but is not limited to, measures:
(1) For, or in relation to, the examination, exclusion,
detention, observation, segregation, isolation, protection,
testing, treatment and regulation of conveyances, installations,
people, regulated articles or other goods or things; and
(2) Having as their object the prevention or control of the
introduction, establishment or spread of pests and diseases that
could cause significant damage to human beings, animals,
plants, other aspects of the environment or economic activities.

5. Minister may appoint ports and airports - The
Minister may from time to time by public notice appoint any
specified ports or airports to be the only ports or airports at
which regulated articles may lawfully be imported.

2005, No.22 Quarantine (Biosecurity) 2005 69

6. Quarantine station-(1) The Minister may from time to
time by public notice define any land under the Minister’s
control or, with the written consent of the appropriate Minister
or land owner, any land and declare it to be a quarantine station
for the detention of one or more kinds of regulated articles, and
from time to time may vary, alter, re-define, or abolish any such
quarantine station.
(2) The cost of operating a quarantine station or of erecting
specific purpose buildings and of purchasing necessary
equipment and materials may be recovered from the user or
users of the station or facility located within the station;
(3) The Chief Executive Officer may from time to time give
directions on the regulation, management, and control of
quarantine stations and the disposal, treatment or destruction of
goods while in a quarantine station or in transit to or from a
quarantine station and may by any such direction specify the
time during which any regulated articles intended to be
introduced into Samoa shall remain in a quarantine station.

7. Particulars to be given-(1) When a vessel arrives at a
port or airport, the master, agent or representative of the vessel
shall on request provide, produce and deliver to an Authorised
Officer the passenger list, vessel log, manifest, journal and other
vessel papers.
(2) Such papers shall contain sufficient detail to enable the
identification of any regulated articles or persons which may be
subject to quarantine control.
(3) It shall be an offence for any person to supply an
Authorised Officer with false or incorrect or misleading or
insufficient papers or other information in relation to goods or
persons which may be subject to quarantine control.

8. Examination of documents - An Authorised Officer
may, in carrying out functions under this Act or under any
regulations, examine any vessel log, manifest, cargo stowage
plan, passenger list or crew list or other document in any
conveyance.

70 Quarantine (Biosecurity) 2005 2005, No.22

9. Facilities at ports and airports-(1) Every operator and
owner of a port or airport shall provide at no cost to the
Ministry:
(a) Suitable furnished and equipped accommodation at
the port or airport for the purposes of the proper
operation and inspection functions to be
performed by Authorised Officers;
(b) Such shed accommodation as is necessary for the
safe and effective inspection and, if necessary,
the secure storage of goods;
(c) Incineration or other equipment approved by the
Chief Executive Officer and labour suitable for
the proper disposal of garbage and regulated
articles;
(d) Such wall space and floor space as to allow for
dump bins and quarantine signage to be
prominently displayed to arriving passengers;
(e) Containers specified by the Chief Executive Officer
which are closable and capable of safely storing
waste in the port or airport area; and
(f) Such other facilities which the Chief Executive
Officer deems necessary for the performance of
the quarantine function at ports and airports
including but not limited to sanitary and
phytosanitary monitoring facilities.
(2) Every port and airport operator and owner shall fence,
to the satisfaction of the Chief Executive Officer, the premises
in which the incineration and other equipment and facilities
referred to in subsection (1) is situated and keep such premises
free from weeds and vermin.
(3) The Chief Executive Officer may determine by notice
from time to time such conditions as are necessary to enable
regulated articles to be safely disposed of in the context of
subsection (1) and every port and airport operator and owner
shall comply with such notice.

10. Cleansing and disinfection of insanitary conveyance
or installation-(1) If an Authorised Officer reasonably believes
that a conveyance or installation is likely to be in an insanitary

2005, No.22 Quarantine (Biosecurity) 2005 71

condition, or is likely to be carrying diseases or pests of concern
to Samoa, the officer may impose conditions by notice to the
owner or master or agent or representative of the conveyance or
installation, to require specified processes to be carried out in
respect of the conveyance or installation in the manner specified
in the conditions.
(2) Without limiting subsection (1):
(a) The processes that may be specified in a notice
under subsection (1) include:
(i) cleansing, disinfection, fumigation or
other treatment of the conveyance or
installation for the purposes of preventing the
introduction, establishment or spread of
diseases or pests; or
(ii) production of samples of, or exchange
or other treatment of, ballast water in a vessel;
and
(b) The notice may specify where the specified process
is to be carried out.
(3) Any person who fails or refuses to comply with a notice
given under subsection (1) commits an offence.

11. Landed cargo under quarantine control-(1) This
section applies to:
(a) Regulated articles that form part of the cargo of a
conveyance and are landed in Samoa; and
(b) Goods that have been exposed to regulated articles.
(2) The Chief Executive Officer may order goods to be held
under quarantine control.
(3) The following are “relevant acts” in relation to goods:
(a) Moving the goods:
(i) from where they were landed to a
place outside the precincts of the port or
airport or installation, as the case may be; or
(ii) from a place to which they have
been moved with the consent of an
Authorised Officer;
(b) Dealing with the goods; or
(c) Interfering with the goods.

72 Quarantine (Biosecurity) 2005 2005, No.22

(4) Any person who does a relevant act in relation to the
goods without the written permission of an Authorised Officer
or of the Chief Executive Officer commits an offence.
(5) An Authorised Officer or the Chief Executive Officer
may give permission to a person to do one or more relevant acts
in relation to specified goods.
(6) In deciding whether to give permission under subsection
(5), an Authorised Officer or the Chief Executive Officer may
have regard to such matters as they believe relevant and may
issue permission subject to any conditions as they see fit.
(7) A permission may be expressed to be subject to a
condition.

12. Restriction on importation of regulated articles-(1)
No person shall import or introduce any regulated articles into
Samoa:
(a) Without a written permit of the Chief Executive
Officer or an Authorised Officer; or
(b) In contravention of any regulations or requirements
or conditions made under the provisions of this
Act.
(2) Every permit issued under the provisions of paragraph
(1) (a) shall be subject to such requirements and conditions as
may be specified therein or in any regulations made under the
provisions of this Act and, without limiting the generality of the
foregoing -
(a) Requirements and conditions may be imposed which
take effect after the importation or introduction
of any regulated articles;
(b) Requirements and conditions may be imposed
requiring the payment of a deposit or entering
into a bond, with or without sureties, for
compliance with the requirements and conditions
of any such permit;
(c) Requirements and conditions may include a direction
to spend whatever period of time in post entry
quarantine which may be necessary for
determining that the regulated articles are free
from pests and diseases.

2005, No.22 Quarantine (Biosecurity) 2005 73

(3) Any permit issued under the provisions of this Act or of
any regulations may be general or may relate to a specified
importation.
(4) Any permit issued under the provisions of this Act or of
any regulations may be revoked or varied at any time by the
Chief Executive Officer or by an Authorised Officer having
regard to any change in the biosecurity risk to Samoa.
(5) If a decision is taken to refuse the issue of a permit the
applicant must be advised in writing of that decision.
(6) Any regulated articles brought into Samoa in
contravention of any of the provisions of this section shall be
dealt with in accordance with the provisions of section 25.
(7) Any person who contravenes any of the provisions of
this section commits an offence.

13. Proof required of legal importation of regulated
articles-(1) An Authorised Officer may require any person
possessing any regulated article which has been imported to
furnish proof that the importation was effected in accordance
with the provisions of this Act.
(2) If proof under subsection (1) is not furnished to the
satisfaction of the Authorised Officer, the regulated article may
be seized and dealt with under section 25.

14. Restriction on importation of cultures, etc.-(1) No
person shall import or offer for importation any living culture or
organism, including but not limited to parasites, predators,
arachnids, insects, nematodes, fungi, bacteria, viruses,
mycoplasma, plant parasitic organisms, germplasm or other
invertebrate animals, except by a written permit issued by the
Chief Executive Officer and in accordance with such conditions
specified in the permit.
(2) Any person who contravenes subsection (1) commits an
offence.

15. Prohibition of importation of regulated articles-(1)
Notwithstanding sections 12 and 14 but subject to subsection
(2), the Chief Executive Officer may by order, if of the opinion
that there is an unacceptably high level of biosecurity risk in

74 Quarantine (Biosecurity) 2005 2005, No.22

respect of goods and following receipt of appropriate scientific
advice, prohibit the importation of goods, either generally or
from any specified place and either absolutely or subject to such
conditions or restrictions, as may be specified in the order.
(2) Where the Chief Executive Officer orders the
prohibition of the importation of goods under subsection (1), the
Chief Executive Officer must before issuing the order take into
account the risk analysis related to the goods.

16. Notification of imports-(1) Every importer of a
regulated articles shall notify the Chief Executive Officer of the
intended date of arrival thereof and shall furnish the Chief
Executive Officer with such additional information as the Chief
Executive Officer may require.
(2) In respect of regulated articles that contain a genetically
modified organism, the notification under subsection (1) shall
state whether the article contains a genetically modified
organism.
(3) Any person who contravenes any of the provisions of
this section commits an offence.

17. Dispatch of regulated articles to Samoa-(1) For the
purposes of this section, no person shall be deemed to have
introduced into Samoa a regulated article where such article is
received by the person from beyond Samoa without their
consent given before dispatch of the article to Samoa.
(2) Notwithstanding that any person receives a regulated
article from beyond Samoa without the person’s consent given
before dispatch of the regulated article, such person shall, on
receipt of the regulated article, immediately notify an
Authorised Officer and carry out to the satisfaction of the
Authorised Officer such directions as the Authorised Officer
may give as to the destruction, disposal or treatment of the
regulated article.
(3) Any person who contravenes subsection (2) commits an
offence.

18. Inspection on arrival-(1) The inspection or
examination of regulated articles may be by any means.

2005, No.22 Quarantine (Biosecurity) 2005 75

(2) On the arrival from any place outside Samoa of any
vessel, an Authorised Officer may require to be opened any
package or inspect or examine any goods for the presence of -
(a) Any regulated article intended for importation; and
(b) Any regulated article which has been landed from
the vessel, and, if found to be infested, the
Authorised Officer may require that it be denied
entry, disposed of or treated in such a manner as
to eliminate the infestation prior to its release.
(3) After an inspection or examination under this section an
Authorised Officer shall:
(a) Subject to subsection (4), if of the opinion that there
is an unacceptable level of biosecurity risk in
respect of the regulated article, order the article
into quarantine control; or
(b) If of the opinion that there is no unacceptable level
of biosecurity risk in respect of the regulated
article, release the article from quarantine and
permit it to be delivered to the importer.
(4) Where an Authorised Officer orders any article under
subsection 3(a) into quarantine control, the Authorised Officer
shall before issuing the order take into account:
(a) The risk analysis related to the article; and
(b) The control, inspection and approval procedures
under the SPS Agreement.

19. Examination of imported goods-(1) An Authorised
Officer may examine any imported goods that have been
released from quarantine control.
(2) After the examination the Authorised Officer shall:
(a) Subject to subsection (3), if of the opinion that
there is an unacceptably high level of
biosecurity risk in respect of the goods, order
the goods into quarantine control; or
(b) If of the opinion that there is no unacceptably high
level of biosecurity risk in respect of the goods,
release the goods from quarantine and permit
them to be delivered to the importer.

76 Quarantine (Biosecurity) 2005 2005, No.22

(3) Where an Authorised Officer orders any goods under
subsection 2(a) into quarantine control, the Authorised Officer
shall before issuing the order take into account:
(a) The risk analysis related to the goods; and
(b) The control, inspection and approval procedures
under the SPS Agreement.

20. Inspection of in-transit shipments-(1) When a
conveyance carrying a regulated article from any place outside
Samoa arrives at its first port or airport of entry in Samoa the
importer or their agent or the representative thereof shall land
all or any such part thereof as the Authorised Officer may direct
for inspection and treatment if required and the regulated article
shall not be removed, transhipped or diverted for inspection,
treatment or discharge to a second destination or port or airport
of entry except in the manner or subject to any conditions as
directed by the Authorised Officer.
(2) Any person who contravenes subsection (1) commits an
offence.
(3) If it is necessary to store any article referred to in
subsection (1), any costs associated with this process shall be
the responsibility of the importer of the article or their agent or
representative.

21. Importation for special purposes-(1) Notwithstanding
the provisions of sections 12 and 14, the Chief Executive
Officer may issue a permit under the provisions of this Act in
respect of any regulated articles required to be imported or
introduced into Samoa for:
(a) The purpose of research or experiment to improve
the quality of plants, animals or the wider
environment in Samoa and the products to be
derived therefrom; or
(b) The purpose of any zoological garden or display
approved by the Chief Executive Officer; or
(c) For any other special purpose approved in writing
by the Chief Executive Officer.
(2) Conditions as deemed necessary may be imposed on
such an importation.

2005, No.22 Quarantine (Biosecurity) 2005 77

22. Inspection and treatment - On the arrival of a
conveyance in Samoa, if an Authorised Officer has reason to
believe the conveyance is contaminated or otherwise infected,
the Officer -
(a) Shall enter and inspect the conveyance and apply
seals, treatment or other measures commensurate
with any risk of the presence or spread of pests
and diseases; and
(b) Shall require such treatment to be undertaken at the
expense of the owner and/or operator of the
conveyance as necessary to avoid the
introduction of a pest or disease to Samoa.

23. Ports and airports of entry-(1) No regulated articles
may be imported except through the ports or airports prescribed
for the entry of such articles.
(2) Regulated articles requiring treatment as a condition of
entry may be imported only through those ports or airports
specified for their entry in the permit for their importation.
(3) Regulated articles arriving at the first port or airport of
entry in Samoa may be permitted by an Authorised Officer to be
diverted under quarantine control to an alternate port or airport,
subject to such conditions as the Authorised Officer may direct,
for treatment and disposition in accordance with paragraph (4)
(b).
(4) When a conveyance carrying regulated articles arrives
in Samoa, the following provisions shall be observed: -
(a) Regulated articles intended to be conveyed to ports
or airports other than the first port or airport of
entry may be allowed to proceed to the ports or
airports of destination if treatment facilities are
available at such ports or airports;
(b) Regulated articles intended to be conveyed to ports
or airports where treatment facilities are not
available shall be landed for inspection, and
treatment if required, or shall be diverted to a port
or airport where treatment facilities are available,
there to be landed, inspected and treated, if

78 Quarantine (Biosecurity) 2005 2005, No.22

necessary, and transhipped under quarantine
control;
(c) An Authorised Officer shall issue a release, in
writing, when satisfied that the shipment of
regulated articles complies with the requirements
of this Act.
(5) Any person who contravenes subsection (1) or
subsection (2) or who knowingly has in their possession, or who
takes from quarantine control, any regulated articles before an
Authorised Officer has approved their release under paragraph
(4) (c) commits an offence.

24. Duty of Immigration, Customs and Postal
Officers–(1) At ports and airports it shall be the duty of all
Immigration Officers, Customs Officers and Officers of the
agencies responsible for the handling and delivery of postal
articles (Postal Officers):
(a) To provide Authorised Officers with such assistance
as the Authorised Officers may reasonably
require to undertake their functions and duties
under this Act; and
(b) Unless the Minister directs otherwise, to ensure that
Authorised Officers have priority over such
officers in undertaking their duties under this
Act.
(2) It shall be the duty of all Customs, Immigration and
Postal Officers to assist in carrying out the provisions of this
Act and to assist with the prevention of the introduction into
Samoa or the bringing to any part of Samoa of anything
contrary to this Act, and for that purpose they may, in respect of
anything so introduced or so brought or attempted to be
introduced or brought, exercise all the powers conferred by the
respective postal, customs or immigration legislation.
(3) Where a Customs or Immigration or Postal Officer has
reason to believe that goods under their supervision or control
may be a biosecurity risk the officer shall immediately notify
the Chief Executive Officer or an Authorised Officer.



2005, No.22 Quarantine (Biosecurity) 2005 79

(4) A Customs or Immigration or Postal Officer may detain
goods so as to allow for further inspection by an Authorised
Officer.
25. Seizure and biosecurity-(1) Any regulated articles
imported in contravention of the provisions of this Act or of any
regulations or directions or orders made there under may,
together with any descendant or anything cultivated there from
and any other thing which may thereby be infected, be seized by
an Authorised Officer and may be disinfected or be required to
be taken to a quarantine station or be placed in isolation or
under biosecurity conditions for further inspection and
treatment as may be required.
(2) Where any regulated articles are found on any
conveyance by an Authorised Officer which are not being
imported or introduced into Samoa in accordance with the
provisions of this Act or are not listed on the manifest of such
conveyance, the Authorised Officer may direct either that the
regulated articles be retained on the conveyance or re-shipped.
(3) An Authorised Officer, whenever the officer considers
necessary, may direct that anything seized pursuant to
subsection (1) be destroyed or otherwise disposed of where the
seized article has a value not more than such amount approved
by the Chief Executive Officer.
(4) The Chief Executive Officer, whenever the Chief
Executive Officer considers necessary, may direct that anything
seized pursuant to subsection (1) be destroyed or otherwise
disposed of.
(5) No proceedings shall lie in respect of actions taken
pursuant to subsections (1), (2), (3) and (4) and no
compensation shall be payable in respect thereof and all costs
and expenses of and attendant upon any such seizure of any
regulated articles or thing and the destruction or other dealings
therewith shall be borne by the importer thereof and shall be
recoverable from the importer as a debt due to the Government.
(6) Where action is taken in respect of subsections (3) or
(4) a receipt shall be issued for any article or thing seized.

80 Quarantine (Biosecurity) 2005 2005, No.22

26. Duty to prevent animal from being landed-(1) The
owner, charterer, agent, master or captain of any conveyance
arriving in Samoa shall -
(a) Prevent any animal from being landed from such
conveyance unless permitted by an Authorised
Officer;
(b) Take reasonable measures to prevent the deliberate or
accidental landing or release of any such animal;
(c) Comply with such conditions as the Authorised
Officer determines; and
(d) If so required by an Authorised Officer, enter into a
bond as specified in the regulations.
(2) Any person who contravenes any of the provisions of
subsection (1) commits an offence.
(3) If the Chief Executive Officer believes there is a
biosecurity risk associated with an animal landed in
contravention of subsection (1), the Chief Executive Officer
may order the destruction of the animal concerned.

27. Identification of packages-(1) Boxes, cases, crates,
packages, bales or other containers in which regulated articles
are imported shall be identified to include the nature of the
contents, country and locality of origin, name and address of the
shipper and the consignee.
(2) The identification of goods under subsection (1) shall
be sufficient to enable goods subject to quarantine control to be
identified.
(3) Any person who imports anything into Samoa in
contravention of any of the provisions of this section commits
an offence.

28. Declaration by passengers-(1) Persons arriving in Samoa
shall declare, in writing on the declaration form used for arrival
clearance purposes, or in such other manner as may be
prescribed, their possession of and/or intention to import any
regulated article and it shall be the duty of the Authorised
Officer at the time of importation thereof, to obtain such
declaration from each person arriving from overseas.


2005, No.22 Quarantine (Biosecurity) 2005 81

(2) Any person who makes a false or misleading or
incomplete declaration under subsection (1) commits an
offence.

29. Discharge and treatment of garbage and ballast
water-(1) No person shall, without the permission of an
Authorised Officer and subject to such terms and conditions as
the officer may impose, discharge any garbage or ballast water
into Samoa or the territorial sea or cause it to be so discharged
or to be landed from a conveyance.
(2) Any person who contravenes subsection (1) commits an
offence.

PART III
PEST AND DISEASE CONTROL

30. Pest and disease surveys-(1) The Chief Executive
Officer may conduct or cause to be conducted pest and disease
surveys in Samoa in the discharge of responsibilities under this
Act or in relation to facilitating the production of goods or the
export of goods from Samoa.
(2) All persons shall assist the Chief Executive Officer in
the conduct of any survey under subsection (1) and shall
provide any information which the Chief Executive Officer may
reasonably require.
(3) Any person who contravenes subsection (2) commits an
offence.

31. Declaration and control of infected areas-(1) If the
Chief Executive Officer has cause to believe or suspect that any
animal or plant which is on or in any land or water is suffering
from or is affected by or infected with any pest or disease and is
likely to be of quarantine concern to Samoa the Chief Executive
Officer shall by public notice declare that land or water and
such other land or water (if any) in the neighbourhood as may
be specified, to be an infected area.
(2) Subject to subsection (3), a copy of the notice under
subsection (1) shall be given to the occupier of each piece of
land or water included in the infected area.

82 Quarantine (Biosecurity) 2005 2005, No.22

(3) Where an occupier cannot be identified or located for
the purpose of serving a copy of the notice as required by
subsection (2) the Chief Executive Officer shall cause a copy of
the notice to be displayed on the land or water in a manner that
is calculated to come to the attention of the occupier.
(4) Every notice under subsection (1) shall be in a form
approved for the purpose by the Chief Executive Officer.
(5) When an infected area is declared under subsection (1)
the Chief Executive Officer may require the Commissioner of
Police and any Ministry or statutory corporation or agency of
the Government, including but not limited to any officer of the
Airports Authority or Samoa Ports Authority, to use their
powers and resources to assist in the control or eradication of a
pest or disease and such assistance may include but is not
limited to:
(a) Setting up roadblocks and checkpoints at all exits
from the infected area; and
(b) The setting up of facilities for the cleansing and
disinfection of all persons and conveyances and
any other thing likely to spread any pest or
disease.
(6) The Chief Executive Officer shall cause to be set up
adequate facilities for:
(a) The disinfection of all conveyances, crates,
containers, packing and any other things which
are likely to carry pests or diseases and which are
being sent out of an infected area; and
(b) The detailed inspection and disinfection of all
persons and their possessions leaving the
infected area so as to prevent any person,
clothing, footwear, implements or any goods,
which in the opinion of the Authorised Officer
are likely to be infected, from leaving the
infected area.
(7) Every person commits an offence who:
(a) Resists or wilfully obstructs or wilfully fails to
comply with any direction of the Chief Executive
Officer or any Authorised Officer or any police


2005, No.22 Quarantine (Biosecurity) 2005 83

officer or any other person who is acting in
performance of their duties under this section; or
(b) Knowingly enters or leaves an infected area or
removes any goods from an infected area
otherwise than in accordance with such
conditions as may be specified by the Chief
Executive Officer or an Authorised Officer; or
(c) Knowingly moves any goods out of or into an
infected area, or from one place within an
infected area to another place within that infected
area, without the written permission of the Chief
Executive Officer or an Authorised Officer or
otherwise than in accordance with such
conditions as may be specified in the written
permission.
(8) All goods that are removed or moved in contravention
of subsection (7) may be seized by an Authorised Officer, and
shall be forfeited, destroyed, sold or otherwise disposed of as
the Chief Executive Officer may direct and no compensation or
damages shall be paid to any person in respect of the Chief
Executive Officer or an Authorised Officer or a police officer or
any other person who is acting in performance of their duties
and powers under this section.

32. Revocation of infected area declaration - Every
declaration that an area of land or water is an infected area shall
remain in force until it is revoked by a public notice in Samoan
and English published in the Savali and one other newspaper
circulating in Samoa and where possible served on the occupier
of each piece of land or water affected in accordance with the
provisions of section 31(2) and (3).

33. Avoidance of pest or disease - The Minister may by
public notice specify particular activities that should be
undertaken or avoided in order to prevent the spread of any pest
or disease.

34. Control or eradication of a pest or disease-(1) The
owner and occupier of any land or water and the owner or

84 Quarantine (Biosecurity) 2005 2005, No.22

person in charge of any conveyance shall do whatever is
directed by an Authorised Officer which the officer considers
necessary in respect of that land or water or conveyance to
eradicate any pest or disease from the land or water or
conveyance or to control or prevent the spread of any pest or
disease to or from any place whatsoever.
(2) If such occupier, owner, or person in charge fails to
comply, to the satisfaction of the Authorised Officer, with any
direction given under subsection (1) the Authorised Officer
may, with the authority of the Chief Executive Officer, carry
out the measures directed in every way at the expense, (but
without prejudice to their liability under this Act) of the
occupier, owner or person in charge, as the case may be, and the
expense may be recovered from the occupier and owner and
person in charge, as the case may be, by the Chief Executive
Officer as a debt due to the Government.

35. Declaring and maintaining areas free or of low pest
and disease prevalence-(1) The Minister may, following
receipt of appropriate scientific advice, declare a specific part of
land or water or sea belonging to Samoa to be free, or an area of
low pest and disease prevalence, from specific pests or diseases.
(2) In acting under subsection (1) the Minister must define
the part of land or water or sea so covered, and may impose
such controls and conditions on the movement of humans,
animals, plants, goods or regulated articles as are necessary to
maintain the freedom or the degree of low pest and disease
prevalence from the particular pests and diseases of concern.
(3) Every person who wilfully acts in contravention of or
wilfully fails to comply in any respect with any control or
condition imposed under subsection (2) commits an offence.

36. Proclamation of pest or disease emergency-(1) If at
any time it appears to the Minister that an outbreak of a serious
pest or disease has occurred, or is likely to occur in Samoa or in
any part or parts of Samoa, the Minister, with the authorisation
of Cabinet and by public notice, may declare that a state of pest
or disease emergency exists throughout an area or areas
comprising such part or parts thereof as may be specified.

2005, No.22 Quarantine (Biosecurity) 2005 85

(2) The Minister may at any time in like manner revoke any
such notice.
(3) No such notice shall remain in force for more than six
months, but nothing in this subsection shall prevent the issue of
another notice before or after the end of that period.
(4) While a pest or disease emergency exists throughout
any such area or areas, the Chief Executive Officer may:
(a) Require the owner of' any good or article or
equipment or land or water or premises or
conveyance which is anywhere in Samoa and
which the Chief Executive Officer considers
would be of assistance in preventing, eradicating
or limiting the spread of the pest or disease, to
transfer the good or article or equipment to or
permit it or the land or water or premises or
conveyance to be used for a specified period by
the Chief Executive Officer or any Authorised
Officer;
(b) Require treatment and measures to be adopted in
respect of any goods or conveyances which are
diseased, pestiferous, or infected, and require the
cleansing or disinfecting of places, soil,
conveyances, machinery, tools, equipment,
clothing, footwear or thing and any other places
or goods or soil or conveyance or thing which
may have come into contact with those goods or
conveyances or places or soil or thing;
(c) Prohibit or restrict (subject to any conditions
thought fit to impose) the introduction into an
infected area or the removal from an infected
area of any conveyance, machinery, tools,
equipment, or other goods or thing or any animal
or any plant material or any form of fungus,
bacterium, virus, or micro-organism, or any
insect, mite, or other invertebrate animal, or soil;
(d) Require the treatment and measures to be adopted in
respect of any goods or things or places which are
diseased, pestiferous or infected, and require the
cleansing or disinfecting of soil, conveyances,

86 Quarantine (Biosecurity) 2005 2005, No.22

machinery, tools, equipment, clothing, footwear,
goods or other things which may have come into
contact with the goods or things or places
associated with the emergency;
(e) Provide for the destruction or special treatment of
any specified goods or things or conveyances
and the special treatment of land and water and
places;
(f) Determine the manner in which goods, things, soil
and packages shall be treated, cleansed,
destroyed, or otherwise disposed of;
(g) Determine the manner in which persons or goods or
things coming into contact with diseased,
pestiferous or infected goods, land, water,
premises, places and conveyances shall be
cleansed and disinfected;
(h) Provide for the disinfection of persons, clothing,
conveyances and any goods and things
whatsoever, who or which pass out of or through
any area so as to assist in limiting the spread of
the pest or disease;
(i) Require any port authority or airport authority in any
instances where a pest or disease is found on or
in any land or water or place to prohibit or
restrict the use of any port or airport or facilities
at such port or airport under the authority’s
control as the Chief Executive Officer may
specify and to such extent as may be required.
(5) Every person who in response to a requirement pursuant
to this section:
(a) Renders assistance; or
(b) Transfers any article or equipment or thing or
conveyance; or
(c) Permits any land or water or premises or
place or conveyance,
to be used for any period under subsection (4) shall be entitled
to be remunerated or compensated out of money appropriated
by the Legislative Assembly at such rate and subject to such
conditions as may be prescribed by regulations made under this

2005, No.22 Quarantine (Biosecurity) 2005 87

Act or as may be approved by the Chief Executive Officer of
the Ministry of Finance if there are no such regulations or in
cases where the regulations do not apply.
(6) Every person who wilfully acts in contravention of or
wilfully fails to comply in any respect with any provision of this
section commits an offence.

37. Power to take the life of an animal and conduct post
mortem examination-(1) Where an Authorised Officer
examining an animal suspects that the animal is diseased and
considers a post mortem examination necessary to establish a
diagnosis, the Authorised Officer may, on the authority of the
Chief Executive Officer, take or cause to be taken the life of
the animal and conduct a post mortem examination in such
manner as considered necessary to decide whether the animal is
diseased, and where necessary for the same purpose, obtain
specimens for laboratory examination and diagnosis.
(2) Where an Authorised Officer takes or causes to be taken
the life of an animal pursuant to subsection (1) the results of the
examination and of any laboratory reports accruing from the
examination must be provided in writing to the Chief Executive
Officer and the owner of the animal where such owner can be
identified and located.

38. Beneficial organisms and biocontrol agents-(1) The
Minister, after receipt of appropriate scientific advice and with
the authorisation of Cabinet, may approve the release of such
beneficial organisms or biocontrol agents as are necessary for
the control or eradication of a particular pest or disease.
(2) No liability shall attach to the Minister or the
Government in respect of the release of beneficial organisms or
biocontrol agents.
(3) The Chief Executive Officer shall maintain a register
detailing:
(a) The names of any beneficial organisms or biological
agents released under this section; and
(b) The place of and extent of release of such organisms
and agents.

88 Quarantine (Biosecurity) 2005 2005, No.22

(4) The register under subsection (3) shall be available for
public inspection upon payment of a fee determined by the
Chief Executive Officer.

39. Pests and diseases - The Chief Executive Officer shall
cause to be kept and maintained a list of regulated pests and
diseases which shall be available for public inspection upon
payment of a fee determined by the Chief Executive Officer.

PART IV
GENERAL

40. International cooperation and register of known pests and diseases-(1) The Minister, with the approval of
Cabinet, may enter into agreements with other states and
international organisations for the effective international
cooperation and control of biosecurity risks in Samoa and
elsewhere and in doing so the Minister may approve the
exchange of information in accordance with such agreements.
(2) The Minister shall cause to be kept and maintained a list
of pests and diseases known to be present in Samoa which shall
be available for public inspection upon payment of a fee
determined by the Chief Executive Officer.

41. National Biosecurity Coordination-(1) The Minister
may enter into written agreements with other Ministries and
Government agencies and other persons in relation to the
effective management of this Act.
(2) Such authority under subsection (1) may include but is
not limited to:
(a) The power to enter into contractual arrangements for
the provision of services to or by Ministries or
Government agencies and other persons;
(b) The power to recover the cost of any services
provided to any Ministry or Government agency
or person under the provisions of this Act.
(3) The Minister shall ensure that appropriate consultation
with Ministries and Government agencies takes place where the

2005, No.22 Quarantine (Biosecurity) 2005 89

exercise of powers under this Act is relevant to the operation of
those Ministries or Government agencies.

42. Authorised Officers-(1) The Chief Executive Officer
may appoint such Authorised Officers as may be necessary for
the proper carrying out of the provisions of this Act and any
person so appointed shall perform such duties, not inconsistent
with the provisions of this Act, as may be specified by the Chief
Executive Officer in the instrument of appointment.

43. Identity cards-(1) The Chief Executive Officer may
cause an identity card to be issued to an Authorised Officer.
(2) An identity card:
(a) Is to incorporate a recent photograph of the
Authorised Officer to whom it is issued; and
(b) Is to contain:
(i) the Authorised Officer’s signature;
and
(ii) a unique number assigned to the
Officer; and
(c) Is to state that the Authorised Officer is appointed
under this Act.
(3) A person who ceases to be an Authorised Officer must,
as soon as practicable after so ceasing, return their identity card
to the Chief Executive Officer.
(4) A person commits an offence if:
(a) That person ceases to be an Authorised Officer and
fails to return their identity card as required by
subsection (3); or
(b) Uses their identity card in any circumstance where
the person:
(i) has ceased to be an Authorised
Officer; or
(ii) is not authorised to so act under this
Act; or
(iii) is acting outside of the powers or
duties or responsibilities of the person under
this Act; or


90 Quarantine (Biosecurity) 2005 2005, No.22

(c) Permits or assists another person to use their identity
card for any purpose.

44. Facilities for the inspection and treatment of
regulated articles-(1) The Chief Executive Officer may, on
application by the owner or occupier of a place and on payment
of the prescribed fee, by writing:
(a) Approve and register a place where the inspection and
treatment of goods may take place; and
(b) If a place is so approved, approve goods being
moved, dealt with or interfered with in any way
set out in the approval while they are in that
place.
(2) In deciding whether to give approval under subsection
(1), the Chief Executive Officer shall take into account:
(a) Whether everything to be done in the proposed
application in relation to the goods at the place:
(i) can be done without an unacceptably
high level of biosecurity risk; and
(ii) can be done without any contravention
of the requirements of this Act, the
regulations and the conditions or requirements
set out in any permit;
(b) Whether the place and the facilities in the place are
adequate to enable the proposed procedures to be
carried out in respect of the goods;
(c) Whether the location of the place is appropriate
having regard to the nature of the goods, the
proposed procedures and the level of biosecurity
risk;
(d) Whether the place is sufficiently close to the nearest
place where duties are regularly performed by
Authorised Officers or other persons authorised
under this Act who could appropriately be called
upon to check whether this Act and the
regulations are being complied with in relation to
the goods; and
(e) Any other matters the Chief Executive Officer
thinks relevant.

2005, No.22 Quarantine (Biosecurity) 2005 91

(3) An approval under this section may be expressed to be
subject to conditions stated in the approval and has effect for a
period not exceeding 12 months.
(4) An approval under this section may be cancelled by the
Chief Executive Officer at any time where the Chief Executive
Officer is not satisfied that the place complies with the
provisions of this Act or the regulations or is otherwise not
suitable to be approved under this section.

45. Powers of entry-(1) In the exercise of functions,
powers and duties under this Act, an Authorised Officer may, at
any time, enter any conveyance, land, water or place, other than
a dwelling house, for the purpose of searching for or inspection
of regulated articles and before acting under the provisions of
this section, the Authorised Officer shall, if requested to do so
by the person in charge of the conveyance or in occupation of
the land or water or place, produce the Authorised Officer’s
identify card.
(2) No Authorised Officer may enter a dwelling house
without the owner or occupier’s approval unless authorised in
that behalf by a search warrant under the hand of a Judge or a
Registrar of the Supreme or District Court who shall not grant
the warrant unless satisfied that the Authorised Officer has
reasonable grounds for requiring entry to the dwelling.
(3) A search warrant under subsection (2) may be applied
for and authorised in the same manner as provided for under
Section 83 of the Criminal Procedure Act 1972, with such
adaptions and modifications as the case may require.

46. Search - Despite any other law and subject to section
45(2), an Authorised Officer may, in carrying out functions
under this Act or under any regulations or orders made
thereunder, examine cargo, mail, baggage, conveyances or areas
for the purpose of searching for or inspecting quarantinable
goods without the need to obtain a search warrant.

47. Opening of containers, etc-(1) An Authorised
Officer may require the importer or exporter of any box, case,


92 Quarantine (Biosecurity) 2005 2005, No.22

receptacle or container to open it or cause it to be opened or
unloaded for inspection.
(2) The cost of opening and resealing any box, case,
receptacle or container under subsection (1) shall be borne by
the importer or exporter as the Authorised Officer may
determine and where the opening or resealing is undertaken by
or on behalf of an Authorised Officer such cost shall be
recoverable from the importer or exporter as a debt due to the
Government.

48. Obstructing Authorised Officers - Any person who
directly or indirectly obstructs, hinders, interrupts, interferes
with, threatens or assaults an Authorised Officer in the
performance of their functions under this Act or regulations
commits an offence.

49. Compliance agreements-(1) The Chief Executive
Officer may enter into a written agreement (a compliance
agreement) with a person in connection with:
(a) The application of particular procedures in respect of
goods; and
(b) The supervision, monitoring and testing of the
person’s compliance with those procedures.
(2) A compliance agreement may provide that, in
circumstances stated in the agreement, the Chief Executive
Officer may, by written notice, cancel or vary the agreement or
suspend its operation for a period and these circumstances may
include but are not limited to the lack of adherence to required
procedures.
(3) An Authorised Officer may release goods to which a
compliance agreement applies on the basis of a certificate or
assurance, given by a person authorised under the agreement to
give the certificate or assurance, that all the procedures to which
the agreement refers have been complied with in respect of the
goods.
(4) Any person who knowingly or recklessly provides the
Chief Executive Officer or an Authorised Officer with a false or
misleading or incomplete certificate or assurance under
subsection (3) commits an offence.

2005, No.22 Quarantine (Biosecurity) 2005 93

50. Safe carriage and safe working environment of
Authorised Officers-(1) Where it is necessary for Authorised
Officers to be transported to vessels, such transport shall
provide safe carriage having regard to the conditions of travel.
(2) Where it is necessary for an Authorised Officer to
undertake inspection duties on vessels or premises or places, not
being a vessel or premise or place owned by the Government,
the owner and operator of the vessel or premises or place, as the
case may be, shall provide a safe working environment for the
Authorised Officer.
(3) Any person who has a duty under this section who fails
to perform that duty commits an offence.

51. Protection against claims – Subject to this Act, no
claim or proceedings shall lie against the Government, the
Ministry, the Minister, the Chief Executive Officer, an
Authorised Officer or any person authorised to act under the
provisions of this Act or regulations in respect of anything done
or omitted to be done in the discharge or purported discharge of
any function or power under this Act or any regulations or
directions or orders made thereunder in good faith and without
negligence.

52. Fees and charges-(1) The Minister may impose fees or
other charges, by public notice, on importers, exporters or other
persons for permits, certificates, approvals of any sort, or for the
services of an Authorised Officer, or for space, food or any
materials used in quarantine stations or facilities or for
application of treatment required under this Act or for any other
matter provided for under this Act.
(2) If payment of any fee or charge is not received within a
period nominated by the Chief Executive Officer the Minister
may impose a penalty on such moneys owing at a rate or in such
amount as prescribed by regulation.
(3) In the event that further development of any quarantine
facility is necessary for the purpose of safely allowing an
importation of any quarantinable good, the cost of any such
development may be recovered from the proposed user of such
facility.

94 Quarantine (Biosecurity) 2005 2005, No.22

(4) The Chief Executive Officer may require that any fee or
other charge or penalty imposed under this section be paid in
whole or part prior to the Minister or Chief Executive Officer or
Authorised Officer or any other person authorised to act under
the provisions of this Act or regulations providing any service,
permit, certificate, approval or other matter provided for under
this Act.

53. Withholding services-(1) If the Chief Executive
Officer is satisfied that payment due for services provided under
this Act, including any penalty imposed, has not been received,
a direction may be issued by the Chief Executive Officer by
written notice that services not be provided to the debtor in the
future.
(2) Where a person is indebted to the Government under the
provisions of this Act and the person has failed to pay the debt
within a period nominated by the Chief Executive Officer, the
Chief Executive Officer may refuse to register or renew or
transfer any registration required by such person under the
provisions of this Act until the debt is paid and the Chief
Executive Officer is satisfied that the person will be able to
meet their financial obligations to the Government in the future.

54. Enforcement of conditions imposed - Any person who
contravenes any condition or requirement specified in, or
imposed by, any permit, notice or other instrument issued under
any provision of this Act or of any regulations or directions or
orders made thereunder, shall be deemed to have contravened
the provision under which such permit, notice or instrument was
issued.

55. Evidence-(1) Despite any other law, in any court or
tribunal or administrative or other proceedings under the
provisions of this Act, the Minister, the Chief Executive
Officer, an Authorised Officer or other person authorised to act
under this Act or regulations may present as evidence in lieu of
a regulated article a certificate of analysis of such article and
such certificate shall be in a form approved by the Chief
Executive Officer from time to time.

2005, No.22 Quarantine (Biosecurity) 2005 95

(2) A certificate of analysis under subsection (1) shall
establish the matter or matters certified in the certificate in the
absence of acceptable evidence to the contrary.

56. Sanctions (1) Subject to such procedure as may be
prescribed, the Chief Executive Officer may, where satisfied
that a person has committed an offence against this Act in
respect of which a pecuniary penalty is provided or in respect of
which any goods are liable to be forfeited, compound such
offence and may order such person to pay such sum of money,
not exceeding the maximum amount of the pecuniary penalty to
which such person would have been liable if the person had
been prosecuted and convicted for the offence, as the Chief
Executive Officer may think fit, and the Chief Executive
Officer may order any goods liable to forfeiture in connection
therewith to be disposed of or destroyed.
(2) The Chief Executive Officer shall not exercise the
powers under this section unless such person in writing admits
the offence and requests the Chief Executive Officer to deal
with the offence under this section.
(3) The Commissioner of Police shall provide the Chief
Executive Officer or an Authorised Officer with assistance as
required under this section.
(4) Where the Chief Executive Officer makes an order
under subsection (1):
(a) The order shall be writing and shall have attached to
it the request to the Chief Executive Officer to
deal with the matter;
(b) The order shall specify the offence which the person
has committed and the penalty imposed by the
Chief Executive Officer;
(c) A copy of the order shall be given to the person if so
requested;
(d) The person against whom the order is made shall not
be liable to any further proceedings or
prosecution in respect of the offence and if in
custody shall be discharged;
(e) The order shall be final and not be subject to appeal;
and

96 Quarantine (Biosecurity) 2005 2005, No.22

(f) If the sum of money ordered to be paid or any part
thereof is not paid, it shall be lawful for the Chief
Executive Officer to send a copy of the order to a
court of competent jurisdiction which shall
thereupon make an order for the enforcement of
the order in the same manner as if a penalty had
been imposed by the court.

57. Disposal or destruction of regulated articles -
Whenever a person is convicted of an offence punishable under
this Act or any regulations or orders made thereunder, the court
before which the person is convicted may order the disposal or
destruction of the regulated articles or other item, if any, in
respect of which the offence has been committed.

58. Delegation by Minister - The Minister may, by signed
writing, delegate to the Chief Executive Officer all or any of the
Minister’s powers under this Act, the regulations and any other
instrument under this Act or regulations.

59. Delegation by Chief Executive Officer - The Chief
Executive Officer may, by signed writing, delegate to an officer
all or any of the Chief Executive Officer’s powers, except the
power of delegation, under this Act, the regulations and any
other instrument under this Act or regulations.

60. Amendment of First Schedule - The Minister may
amend the First Schedule to this Act by public notice from time
to time.

61. Giving notice under this Act - Any notice or direction
which may be given to any owner or occupier of land or water
or any other person by the Minister or Chief Executive Officer
or an Authorised Officer in the performance of duties under this
Act may be given by delivering the notice or direction to the
owner or occupier or other person, as the case may require, or
by leaving it at or posting it addressed to their usual or last
known place of abode or business in Samoa and, where it is


2005, No.22 Quarantine (Biosecurity) 2005 97

impracticable to give notice in accordance with the foregoing
provisions of this section, it may be given by public notice.

62. Existence of pest or disease-(1) For the purposes of
this Act, the Chief Executive Officer may at any time issue an
advice in writing:
(a) Stating that any disease or pest is or is not known or
believed to exist in any place, country, or region;
(b) Determining the classification, name or identity of
any animal, animal product, plant, plant material,
disease or pest.
(2) Every advice given under this section shall, for the
purposes of this Act, be conclusive until revoked or amended in
writing by the Chief Executive Officer and shall be admissible
in any court or other proceedings as sufficient evidence of the
matter stated in the advice unless the contrary is established.

63. False, misleading or incomplete declarations and
certificates - Every person who makes any false or misleading
or incomplete declaration under this Act or gives any false or
misleading or incomplete certificate under this Act knowing the
declaration or certificate to be false or misleading or
incomplete, as the case may be, commits an offence.

64. Transmission of forms, notices, advices etc – Forms,
notices, advices, correspondence and other communications
relevant to this Act may be transmitted in electronic form
subject to the approval of the Chief Executive Officer.

65. Liability for causing Authorised Officer to incur
expense - If any person, by failing to comply with or acting
contrary to this Act, causes an Authorised Officer to incur an
expense that would not otherwise have been incurred, that
person shall reimburse the Government for the full amount of
that expense reasonably and properly incurred and that amount
shall be recoverable from the person as a debt due to the
Government.

98 Quarantine (Biosecurity) 2005 2005, No.22

66. Offences–(1) Every person who commits an offence
against this Act is liable on conviction to a fine and a term of
imprisonment as specified in the First Schedule to this Act.
(2) Where a body corporate is found guilty of an offence
against this Act, every director, manager and any other person
concerned in the management of the body corporate is guilty of
the like offence unless the director or manager or other person,
as the case may require, proves that the offence was committed
without the director’s or manager’s or other person’s consent or
connivance and that the director or manager or other person
exercised all such diligence to prevent the commission of the
offence as the director or manager or the other person, as the
case may require, ought to have exercised having regard to the
nature of the director’s or manager’s or other person’s functions
in that capacity and to all the circumstances.

67. Offence with which Authorised Officers may be
charged - Every Authorised Officer commits an offence if a
regulated article under the officer’s official custody or control is
improperly used or disposed of, or reasonable care is not taken
in respect of such regulated article.

68. Money - All money recovered or received under this
Act shall be dealt with in accordance with the provisions of the
Public Finance Management Act 2001.

69. Regulations-(1) Subject to subsection (3), the Head
of State may, from time to time on the advice of Cabinet, make
regulations providing for such matters as are contemplated by or
are necessary to give full effect to the provisions of this Act and
for its due administration.
(2) Without limiting the generality of subsection (1),
regulations may provide for:
(a) Fees, charges and penalties; and
(b) Offences punishable by a fine not exceeding 100
penalty units or imprisonment not exceeding 12
months, or both.
(3) Not withstanding anything in this Act, any regulation,
order, directive, procedure or rule made by or established under

2005, No.22 Quarantine (Biosecurity) 2005 99

this Act shall take into account the provisions of the SPS
Agreement.

70. Consequential repeals and amendments – The
enactments specified in the Second Schedule to this Act are
repealed or amended in the manner indicated in the Schedule.

71. Savings and transitional arrangements-(1) Every
document and act of authority so far as they are subsisting or in
force at the time of the repeal of the enactments repealed under
section 70 and the Second Schedule shall continue and have
effect under the corresponding provisions of this Act and
regulations made under this Act until such time as they are
altered or amended or cancelled, as the case may require, under
the provisions of this Act.
(2) Despite the provisions of this Act, all applications,
prosecutions, actions and other matters arising out of or under
the provisions of the enactments repealed under section 70 and
the Second Schedule which are not determined or otherwise
dealt with under such provisions at the date of commencement
of this Act shall be determined or otherwise dealt with under the
corresponding provisions of this Act with such modifications,
adaptations and alterations as the Minister may determine.
(3) Any reference to any provision or matter under or
concerning any enactment repealed under section 70 and the
Second Schedule in any enactment, other than this Act, shall be
taken for all purposes as a reference to the corresponding
provision or matter in this Act, unless the Minister by notice
determines otherwise.
(4) For the purposes of this section, where there is no
corresponding provision in this Act or regulations under this
Act, the Minister may by notice determine a provision of this
Act or regulations under this Act to be a corresponding
provision.
(5) Despite the provisions of this Act, where this Act does
not provide or provides insufficient or inadequate provision for
the transition from the enactments repealed under section 70
and the Second Schedule to this Act, the Minister by notice may
make such provisions as the Minister deems necessary in order

100 Quarantine (Biosecurity) 2005 2005, No.22

for all matters under or concerning the enactments repealed
under section 70 and the Second Schedule to be properly and
effectively determined or otherwise dealt with.


FIRST SCHEDULE

PENALTIES FOR OFFENCES (Section 66)

For the offences listed in column 1 a fine not exceeding the
number of penalty units listed in column 2 and, if applicable,
imprisonment for a period not exceeding the period listed in
column 3, or both a fine and imprisonment, may be imposed by
a court:
Column 1 Column 2 Column 3
Offence: Fine not exceeding: Imprisonment not
exceeding:
1. Section 7 (3) 3 penalty units 3 months 2. Section 10 (3) 6 penalty units 6 months 3. Section 11 (4) 6 penalty units 6 months 4. Section 12 (7) 12 penalty units 12 months 5. Section 14(2) 12 penalty units 12 months 6. Section 16 (3) 6 penalty units 6 months 7. Section 17 (3) 3 penalty units 3 months 8. Section 20 (2) 3 penalty units 3 months 9. Section 23 (5) 3 penalty units 3 months 10. Section 26 (2) 6 penalty units 6 months 11. Section 27 (3) 3 penalty units 3 months 12. Section 28 (2) 3 penalty units 3 months 13. Section 29 (2) 12 penalty units 12 months 14. Section 30 (3) 3 penalty units 3 months 15. Section 31 (7) 6 penalty units 6 months 16. Section 35(3) 6 penalty units 6 months 17. Section 36 (6) 6 penalty units 6 months 18. Section 43 (4) 6 penalty units 6 months 19. Section 48 6 penalty units 6 months 20. Section 49 (4) 6 penalty units 6 months 21. Section 50 (3) 6 penalty units 6 months

2005, No.22 Quarantine (Biosecurity) 2005 101

22. Section 63 3 penalty units 3 months 23. Section 67 12 penalty units 12 months

SECOND SCHEDULE (Section 70)

CONSEQUENTIAL REPEALS AND AMENDMENTS
Enactment Enactment repealed,
amended or modified

Animals Ordinance 1960 Repeal sections 37, 38,
39,40(2)(a),(b),(c),(d),(e),
(f),(g) and (h)
Bunchytop Act 1965 Repeal
Cocoa Disease Ordinance 1961 Repeal
Noxious Weeds Ordinance 1961 Repeal

Plants Act 1984 Repeal

Rhinoceros Beetle Ordinance 1954 Repeal


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The Quarantine (Biosecurity) Act 2005 is administered in the
Ministry of Agriculture