Quarantine Amendment Regulations 2004 (No. 1) (Cth)

Quarantine Amendment Regulations 2004 (No. 1)1

Statutory Rules 2004 No. 402

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Quarantine Act 1908.

Dated 23 March 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

TONY ABBOTT

Minister for Health and Ageing

1Name of Regulations

These Regulations are the Quarantine Amendment Regulations 2004 (No. 1).

2Commencement

These Regulations commence on the commencement of Part 1 of Schedule 1 to the Quarantine Amendment (Health) Act 2003.

3Amendment of Quarantine Regulations 2000

Schedule 1 amends the Quarantine Regulations 2000.

Schedule 1Amendments

(regulation 3)

[1]Reader’s guide, paragraph 7.6, first bullet point

omit

39

insert

39A

[2]Reader’s guide, paragraph 7.6, third bullet point

substitute

1. ·

   the information that must be included in a certificate of release under section 35B of the Quarantine Act (regulation 41)

[3]Regulation 4, definition of yellow fever proclaimed place

substitute

yellow fever declared place has the meaning given by regulation 32.

[4]Regulation 4, note

after

· compliance agreement

insert

· declared place

[5]Regulation 4, note

omit

· proclaimed place

[6]Regulation 6

substitute

6Prescribed symptoms and diseases (Act s 22)

1. (1)

   For paragraph 22 (1) (a) of the Act, the following symptoms are prescribed:

   1. (a)

      temperature over 38°C;

   2. (b)

      acute unexplained skin rashes or lesions, and rashes or lesions caused by illness or exposure to hazardous agents (but not heat rashes, dermatitis, eczema or similar common skin conditions);

   3. (c)

      persistent or severe vomiting (but not vomiting caused by inebriation or motion sickness);

   4. (d)

      persistent, watery or profuse diarrhoea;

   5. (e)

      bleeding from the eyes, ears, nose, mouth, anus or skin (but not if the subject is predisposed to nosebleeds or haemorrhoids, or has cuts or abrasions);

   6. (f)

      glandular swelling in the armpits or neck;

   7. (g)

      prolonged loss of consciousness, if the subject cannot be roused (but not loss of consciousness caused by consumption of alcohol, drugs or medications, fainting or sleeping);

   8. (h)

      persistent coughing and difficulty breathing with no apparent cause and no history of similar symptoms (but not persistent coughing and difficulty breathing caused by asthma, heart disease, obesity, chronic bronchitis or emphysema);

   9. (i)

      except in the case of a person with restricted mobility or an otherwise healthy young child — an inability to disembark from a vessel without assistance.

2. (2)

   For paragraph 22 (1) (a) of the Act, the following diseases are prescribed:

   1. (a)

      cholera;

   2. (b)

      dengue fever;

   3. (c)

      influenza;

   4. (d)

      malaria;

   5. (e)

      measles;

   6. (f)

      polio;

   7. (g)

      plague;

   8. (h)

      rabies;

   9. (i)

      severe acute respiratory syndrome (SARS);

   10. (j)

       smallpox;

   11. (k)

       tuberculosis;

   12. (l)

       typhoid fever;

   13. (m)

       viral haemorrhagic fevers of humans;

   14. (n)

       yellow fever.

[7]Regulation 7, note

omit

[8]Subregulation 10 (1), table, after item 11

insert

11A If a symptom prescribed by subregulation 6 (1) presents itself in a person on board the vessel or installation during the voyage, the nature and cause (or suspected cause) of the symptom, any treatment that the person has had on board the vessel or installation, and the number of people in whom the symptom is present

[9]Subregulation 10 (2), table, after item 4

insert

4A If a symptom prescribed by subregulation 6 (1) presents itself in a person on board the vessel during the voyage, the nature and cause (or suspected cause) of the symptom, and the number of people in whom the symptom is present

[10]Regulation 12, table, after item 2

insert

2A If a symptom prescribed by subregulation 6 (1) presents itself in a person on board the aircraft during the flight, a statement to that effect

[11]Subparagraph 13 (1) (a) (i)

substitute

1. (i)

   as close to top of descent as is operationally practicable, but in any case at least 30 minutes before the aircraft is on chocks; or

[12]Regulation 14

omit

subregulation 6 (1)

insert

subregulation 6 (2)

[13]Regulation 18, table, after item 12

insert

12A If a symptom prescribed by subregulation 6 (1) presents itself in a person on board the vessel or installation during the voyage, the nature and cause (or suspected cause) of the symptom, any treatment that the person has had on board the vessel or installation, and the number of people in whom the symptom is present

[14]Part 2, after Division 2

insert

Division 2APratique

21ADirections that pratique is not taken to have been granted

1. (1)

   For paragraph 32B (3) (a) of the Act, the Director of Human Quarantine may give a direction under paragraph 32B (2) (c) of the Act in relation to an overseas aircraft in any of the following circumstances:

   1. (a)

      the commander of the aircraft has previously failed to provide information under section 22 or 27B of the Act;

   2. (b)

      there is an outbreak of disease or a threat of an outbreak of disease in any part of the world;

   3. (c)

      the Governor-General has declared the existence of an epidemic, or the danger of an epidemic, under section 2B of the Act;

   4. (d)

      the Minister has taken measures or given directions under section 12A of the Act, and the emergency in relation to which the measures have been taken or the directions have been given is continuing;

   5. (e)

      the aircraft has travelled from or through a declared place;

   6. (f)

      there is a terrorist threat, or the Director has received information about a potential terrorist threat.

2. (2)

   In giving a direction, the Director of Human Quarantine must take into account the following considerations:

   1. (a)

      whether similar directions are likely to be given in relation to other aircraft;

   2. (b)

      the period in which it is likely that directions will be given;

   3. (c)

      the class or classes of aircraft in relation to which it is likely that directions will be given;

   4. (d)

      if the circumstance mentioned in paragraph (1) (a) applies — whether the failure is likely to be repeated;

   5. (e)

      if the circumstance mentioned in paragraph (1) (a) applies and the Director considers that the failure is not likely to be repeated — whether it would be more appropriate to issue a warning to the commander of the aircraft.

[15]After regulation 24

insert

24AVector monitoring and control activities

1. (1)

   For section 55B of the Act, vector monitoring and control activities means any activity necessary to:

   1. (a)

      identify a vector; or

   2. (b)

      assess the threat posed by a vector; or

   3. (c)

      eradicate a vector; or

   4. (d)

      modify the environment to inhibit the incursion or spread of a vector.

2. (2)

   Without limiting subregulation (1), the following activities may be vector monitoring and control activities:

   1. (a)

      setting traps;

   2. (b)

      assessment of the environment and premises;

   3. (c)

      fumigation or fogging;

   4. (d)

      removal or modification of containers or other receptacles capable of holding water.

[16]Paragraph 25 (1) (a)

omit

proclaimed

insert

declared

[17]Subregulation 25 (1), note

substitute

Note For the meaning of declared place, see section 12 of the Act.

[18]Part 3, Division 2, heading

substitute

Division 2Arrival from yellow fever declared places

[19]Regulation 32

substitute

32Yellow fever declared places

A yellow fever declared place is a place declared under section 12 of the Act to be a place infected with yellow fever, or from or through which yellow fever can be brought or carried.

Note Under section 21 of the Quarantine Proclamation 1998, yellow fever is declared to be a quarantinable disease.

[20]Regulation 33, heading

substitute

33Travel from yellow fever declared places

[21]Regulation 33

omit each mention of

proclaimed

insert

declared

[22]Regulation 34

substitute

34Requirement for international vaccination certificates

A quarantine officer or an officer of Customs may require a person who travels on a vessel or installation from a yellow fever declared place to show to the officer, on the person’s arrival at the first place where the person disembarks in Australia or the Cocos Islands, an international certificate that complies with regulation 35.

Note For when a person to whom this regulation applies may be ordered into quarantine, see subsection 35 (1A) of the Act and regulation 38.

[23]Subregulation 35 (1)

omit

proclaimed

insert

declared

[24]Regulation 39, heading

substitute

39Vessels and installations arriving from declared places

[25]Regulation 39, note

substitute

Note For the meaning of declared place, see section 12 of the Act.

[26]After regulation 39

insert

39ANotices to the Director of Human Quarantine

A notice given to the Director of Human Quarantine under paragraph 35 (1C) (b), 35AA (4A) (b) or 35A (3B) (b) of the Act must contain the following information:

1. (a)

   a unique identifying number issued by the Director of Human Quarantine;

2. (b)

   the name of the person who has been ordered into quarantine;

3. (c)

   the day on which the person was ordered into quarantine;

4. (d)

   the section of the Act under which the person was ordered into quarantine;

5. (e)

   the suspected disease;

6. (f)

   the person’s date of birth;

7. (g)

   the person’s sex;

8. (h)

   the number, and country of issue, of the person’s passport;

9. (i)

   the place where the person is held in quarantine;

10. (j)

    the person’s contact details;

11. (k)

    the place from which the person departed, and details of any stopovers, on the person’s voyage to Australia;

12. (l)

    contact details for any person travelling with the person;

13. (m)

    the name of the quarantine officer who ordered the person into quarantine, and that officer’s identity card number.

Note Paragraphs 35 (1C) (b), 35AA (4A) (b) and 35A (3B) (b) of the Act require a quarantine officer (human quarantine) who orders a person into quarantine under subsection 35 (1A), 35AA (3) or (4) or 35A (3), respectively, to notify the Director of Human Quarantine, in writing, of the order as soon as practicable.

[27]Part 4, Division 2

substitute

Division 2Release from quarantine

41Certificate of release

A certificate of release given to a person under subsection 35B (1) of the Act must contain the following information:

1. (a)

   the name of the person being released from quarantine;

2. (b)

   a unique identifying number matching the identifying number of the notice ordering the person into quarantine;

3. (c)

   the place where the person was being held in quarantine;

4. (d)

   the day on which the person was ordered into quarantine;

5. (e)

   the day on which the person is being released from quarantine;

6. (f)

   the reason the person was ordered into quarantine;

7. (g)

   the name and title of the quarantine officer authorising the release.

[28]Regulation 42

substitute

42Quarantine surveillance periods

1. (1)

   For subsection 34 (3) of the Act, the prescribed period is 30 days.

Note Subsection 34 (3) of the Act provides that certain persons continue to be subject to quarantine until such period as is prescribed, and, while so subject, are under quarantine surveillance and must comply with the regulations relating to quarantine surveillance.

1. (2)

   A person ordered into quarantine under section 35, 35AA or 35A of the Act, and released under quarantine surveillance, remains under quarantine surveillance for the period mentioned in subregulation (3) for the disease for which the person was ordered into quarantine.

2. (3)

   For subregulation (2), the following periods apply:

   1. (a)

      for cholera — 5 days;

   2. (b)

      for plague — 7 days;

   3. (c)

      for rabies — 14 days;

   4. (d)

      for severe acute respiratory syndrome (SARS) — 10 days;

   5. (e)

      for smallpox — 21 days;

   6. (f)

      for viral haemorrhagic fever — 21 days;

   7. (g)

      for yellow fever — 6 days;

   8. (h)

      for active pulmonary tuberculosis — 12 weeks;

   9. (i)

      for any other disease — 30 days.

Note 1 Under section 21 of the Quarantine Proclamation 1998, cholera, plague, rabies, SARS, smallpox, viral haemorrhagic fevers and yellow fever are declared to be quarantinable diseases.

Note 2 See subsections 35AA (5) and 45 (3) of the Act in relation to the release of a person under quarantine surveillance.

1. (4)

   A period mentioned in subregulation (1) or (3) starts at the end of the last day when, in the opinion of a quarantine officer (human quarantine) the person was, or might have been, exposed to infection by a quarantinable disease, a communicable disease or active pulmonary tuberculosis.

[29]Regulations 46 and 47

substitute

46Conditions of quarantine surveillance

1. (1)

   A person who is under quarantine surveillance must comply with any conditions imposed on the quarantine surveillance, by written notice given to the person, by a quarantine officer (human quarantine).

2. (2)

   Conditions that may be imposed include any of the following:

   1. (a)

      that the person be confined to, or remain at, a place specified in the notice;

   2. (b)

      the frequency with which the person must monitor and record his or her temperature;

   3. (c)

      restrictions on the travel that the person may undertake;

   4. (d)

      that the person is not to receive visitors;

   5. (e)

      the frequency with which the person must report to public health officials;

   6. (f)

      that the person must report to public health officials:

      1. (i)

         if his or her temperature is 38° or higher; or

      2. (ii)

         in the case of a person who has been released from quarantine — if another person in the person’s household develops symptoms of the illness or disease for which the person was ordered into quarantine; or

      3. (iii)

         in the case of a person who is under quarantine surveillance under subsection 34 (3) of the Act — if another person in the person’s household develops symptoms of an illness or disease specified in the notice;

   7. (g)

      that the person take measures mentioned in the notice to minimise the risk of illness or disease spreading to other people in the person’s household.

Examples for paragraph (g)

1. Wearing a mask if another person is present in the same room as the person.

2. Not sharing personal items such as cups or towels.

3. Observing good hygiene practices such as washing hands.

4. Sleeping in a different room from other members of the household.

Note For non-compliance with this regulation by persons who are under quarantine surveillance, see subsections 34 (3) and 45 (4) of the Act.

47Person under quarantine surveillance ordered into quarantine

1. (1)

   This regulation applies in relation to a person who has been released under quarantine surveillance.

2. (2)

   A quarantine officer may order the person into quarantine if:

   1. (a)

      the person fails to comply with a requirement of the Act, or these Regulations, in relation to quarantine surveillance, and the officer is satisfied that if the person were not ordered into quarantine there would be a danger to public health; or

   2. (b)

      the person displays symptoms of a quarantinable disease.

Notes

1. These Regulations amend Statutory Rules 2000 No. 129, as amended by 2001 No. 154; 2002 Nos. 2, 60 and 285; 2003 Nos. 36 and 335.

2. Notified in the Commonwealth of Australia Gazette