Quarantine Amendment Regulations 2010 (No. 1) (Cth)

Quarantine Amendment Regulations 2010 (No. 1)¹

Select Legislative Instrument 2010 No. 12

I, QUENTIN BRYCE, 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 25 February 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

TONY BURKE

Minister for Agriculture, Fisheries and Forestry

Name of Regulations

These Regulations are the Quarantine Amendment Regulations 2010 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Quarantine Regulations 2000

Schedule 1 amends the Quarantine Regulations 2000.

Transitional

(1)This regulation applies if, during a prescribed period (within the meaning given by paragraph 11 (1) (a) of the Quarantine Regulations 2000):

(a)the master of a vessel or installation causes prescribed information (within the meaning given by subregulation 10 (1) and regulation 18 of the Quarantine Regulations 2000) to be given to a quarantine officer:

(i)in a form approved by the Director of Quarantine under subsection 27A (2) of the Quarantine Act 1908; and

(ii)in the manner set out in paragraphs 11 (1) (a) and (b) of the Quarantine Regulations 2000; and

(b)the amendments made by Schedule 1 commence.

(2)Despite the amendments made by item [6] and items [8] to [17] of Schedule 1, the master of the vessel or installation is not required to give the quarantine officer the information required by those items.

Schedule 1 Amendments

(regulation 3)

[1] Regulation 4, after definition of container

insert

control measures means measures to prevent the spread of disease.

[2] Regulation 4, definitions of deratting, Deratting Certificate and Deratting Exemption Certificate

omit

[3] Regulation 4, after definition of overseas ship

insert

relevant period, for a current voyage, means:

(a)if the voyage is for a period of less than 21 days — the period of the voyage; or

(b)if the voyage is for a period of 21 days or more — the period starting 21 days before the day the vessel arrived in Australia.

[4] Regulation 4, definition of ship sanitation certificate

substitute

ship sanitation certificate means:

(a)a Ship Sanitation Control Certificate; or

(b)a Ship Sanitation Control Exemption Certificate.

Ship Sanitation Control Certificate means a certificate issued under:

(a)regulation 30C; or

(b)a law of a foreign country in accordance with Article 39 of the International Health Regulations (2005).

Ship Sanitation Control Exemption Certificate means a certificate issued under:

(a)regulation 30B; or

(b)a law of a foreign country in accordance with Article 39 of the International Health Regulations (2005).

[5] Regulation 4, after definition of stores

insert

symptoms of an illness includes the following:

(a)bleeding (whether it is from an orifice or the skin);

(b)coughing or difficulty breathing;

(c)fever;

(d)glandular swelling;

(e)inability to move about, or disembark from, a vessel or installation without assistance;

(f)loss of consciousness;

(g)non-itchy skin rash;

(h)profuse diarrhoea;

(i)severe vomiting.

[6] Subregulation 10 (1), table, after item 1

insert

1A The full name of the master of the vessel

[7] Subregulation 10 (1), table, item 11

omit

[8] Subregulation 10 (1), table, items 12 and 13

substitute

12
If the ship is an overseas ship — whether a Ship Sanitation Control Certificate is in force for the ship and, if so, the following details about the certificate:

   (a) the date on which it was issued;

(b) the port at which it was issued;

   (c) the country in which it was issued;

(d) if any control measures were applied when the certificate was issued — details of the measures;

   (e) if the validity of the certificate has been extended by a foreign country:

        (i)   the date on which the extension was issued; and

       (ii)   the port at which the extension was issued; and

      (iii)   the country in which the extension was issued; and

      (iv)   the date when the extension will cease to have effect

13
If the ship is an overseas ship — whether a Ship Sanitation Control Exemption Certificate is in force for the ship and, if so, the following details about the certificate:

   (a) the date on which it was issued;

(b) the port at which it was issued;

   (c) the country in which it was issued;

(d) if the validity of the certificate has been extended by a foreign country:

        (i)   the date on which the extension was issued; and

       (ii)   the port at which the extension was issued; and

      (iii)   the country in which the extension was issued; and

      (iv)   the date when the extension will cease to have effect

[9] Subregulation 10 (1), table, items 15 and 16

substitute

15 Whether or not any person on board the vessel or installation during the voyage is found to be suffering from an illness

16
Whether or not a person on board the vessel or installation displays symptoms of an illness during a voyage that are not due to:

   (a) a pre-existing physical condition; or

(b) injury; or

   (c) inebriation; or

(d) the effects of drugs other than alcohol; or

   (e) motion sickness

[10] Subregulation 10 (1), table, item 22

substitute

22
For the agent of the vessel or installation:

(a) the name of the agent in Australia, Christmas Island or the Cocos Islands; and

(b) if the agent is located at a port — the name of the port; and

(c) if the agent is not located at a port — the place where the agent is located; and

(d) contact details for the agent

[11] Regulation 18, table, after item 1

insert

1A The full name of the master of the vessel

[12] Regulation 18, table, items 6 and 7

substitute

6
Whether or not there will be any crew changes when the vessel or installation is at a port of call in Australia, Christmas Island, or the Cocos Islands and, if there will be, the following information:

   (a) the number of crew members on board the vessel or installation before each crew change;

(b) the port or ports at which crew members will be signing off;

   (c) the number of crew members that will be signing off;

(d) the day and time estimated by the master of the vessel or installation to be the day and time when the crew members will be signing off

7
Whether or not any passengers are to disembark from the vessel or installation for the purpose of a daytrip when it is at a port of call in Australia, Christmas Island or the Cocos Islands and, if passengers are to disembark, the following information:

   (a) the number of passengers on board the vessel or installation before the passengers disembark;

(b) the port at which the passengers will disembark;

   (c) the number of passengers that will disembark;

(d) the day and time estimated by the master of the vessel or installation to be the day and time that the passengers will disembark

7A
Whether or not any passengers are to disembark from the vessel or installation other than for the purpose of a daytrip when it is at a port of call in Australia, Christmas Island or the Cocos Islands and, if passengers are to disembark, the following information:

   (a) the number of passengers on board the vessel or installation before the passengers disembark;

(b) the port at which the passengers will disembark;

   (c) the number of passengers that will disembark;

(d) the day and time estimated by the master of the vessel or installation to be the day and time the passengers will disembark

[13] Regulation 18, table, item 11

before

plants on

insert

botanical

[14] Regulation 18, table, items 12 and 13

substitute

12
If the ship is an overseas ship — whether a Ship Sanitation Control Certificate is in force for the ship and, if so, the following details about the certificate:

   (a) the date it was issued;

(b) the port at which it was issued;

   (c) the country in which it was issued;

(d) if any control measures were applied when the certificate was issued — details of the measures;

   (e) if the validity of the certificate has been extended by a foreign country:

        (i)   the date the extension was issued; and

       (ii)   the port at which the extension was issued; and

      (iii)   the country in which the extension was issued; and

      (iv)   the date when the extension will cease to have effect

13
If the ship is an overseas ship — whether a Ship Sanitation Control Exemption Certificate is in force for the ship and, if so, the following details about the certificate:

   (a) the date it was issued;

(b) the port at which it was issued;

   (c) the country in which it was issued;

(d) if the validity of the certificate has been extended by a foreign country:

        (i)   the date the extension was issued; and

       (ii)   the port at which the extension was issued; and

      (iii)   the country in which the extension was issued; and

      (iv)   the date when the extension will cease to have effect

[15] Regulation 18, table, after item 16

insert

16A Whether or not a person on board the vessel or installation during the relevant period was found to be suffering from diarrhoea or a gastrointestinal illness

16B
If a person on board the vessel or installation during the relevant period was found to be suffering from diarrhoea or a gastrointestinal illness:

(a) whether or not the incidence of the diarrhoea or the gastrointestinal illness was recorded in the medical log for the vessel or installation;

(b) the number of people on board during the relevant period; and

(c) the number of people found to be suffering from diarrhoea or a gastrointestinal illness during the relevant period; and

(d) any circumstances that may have led to the incidence or spread of the diarrhoea or gastrointestinal illness during the relevant period

[16] Regulation 18, table, item 20

substitute

20
Whether or not waste will be discharged at a port of call in Australia, Christmas Island, or the Cocos Islands and, if so:

   (a) whether the waste has been securely contained in a container kept for that purpose or in a sealed room so that:

        (i)   it is not accessible to any animals; and

       (ii)   it does not leak from the container or room; and

(b) the volume of waste in cubic metres that will be discharged at the port

[17] Regulation 18, table, item 22

substitute

22
For the agent of the vessel or installation:

(a) the name of the agent in Australia, Christmas Island or the Cocos Islands; and

(b) if the agent is located at a port — the name of the port; and

(c) if the agent is not located at a port — the place where the agent is located; and

(d) contact details for the agent

[18] Regulation 24

omit

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See