Quarantine (Animals) Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 3131

Quarantine (Animals) Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Quarantine Act 1908.

Dated 21 November 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

John Kerin

Minister of State for Primary Industry

 

Recognized exporters

1. Regulation 86b of the Quarantine (Animals) Regulations is amended—

(a) by omitting from sub-regulation (1) “that a person exports animals regularly he” and substituting “, on reasonable grounds, that a person has a continuing interest in the live-stock export industry the Director”;

(b) by omitting sub-regulation (2);

(c) by inserting in sub-regulation (3) “, on reasonable grounds” after “satisfied” (first occurring);

(d) by inserting in sub-regulation (3) “, on reasonable grounds,” after “satisfied” (last occurring);

(e) by omitting from sub-regulation (3) “he” and substituting “the Director”; and

(f) by omitting sub-regulation (4).

 

(S.R. 270/83) Cat. No. ––Recommended retail price 40c  14/21.5.1985

Exempt exporters

2. Regulation 86c of the Quarantine (Animals) Regulations is amended—

(a) by omitting from sub-regulation (1) “him and the Director is satisfied” and substituting “that person and the Director is satisfied, on reasonable grounds”; and

(b) by omitting sub-regulation (2).

Issue of export certificates and payment of applicable fees

3. Regulation 86f of the Quarantine (Animals) Regulations is amended—

(a) by inserting in sub-regulation (8) “, on reasonable grounds,” after “satisfied”;

(b) by omitting from sub-regulation (8) “he” and substituting “the Director”; and

(c) by omitting sub-regulation (9).

4. Regulation 86g of the Quarantine (Animals) Regulations is repealed and the following regulation substituted:

Review of decisions

“86g. (1) Where the Director makes a decision—

(a) refusing to approve a person as a recognized exporter;

(b) revoking the approval of a person as a recognized exporter;

(c) refusing to grant a person exempt exporter status; or

(d) on an application by a person, refusing to waive payment of the whole or any part of a fee,

the Director shall, by notice in writing within 30 days after the date of the decision, inform the person of the making of the decision and of the grounds for the decision.

“(2) An application may be made to the Administrative Appeals Tribunal for review of a decision referred to in sub-regulation (1).

“(3) A notice referred to in sub-regulation (1) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975,application may be made to the Administrative Appeals Tribunal, for review of the decision to which the notice relates, by or on behalf of a person whose interests are affected by the decision.

“(4) Failure to comply with the requirements of sub-regulation (3) in relation to a decision does not affect the validity of the decision.”.

Saving

5. Where before the commencement of these Regulations an application has been made to the Administrative Appeals Tribunal for review of a decision under sub-regulation 86b (1), 86b (3), 86c (1) or 86f (8) of the Quarantine (Animals) Regulations and that application has not been finally disposed of before that commencement, the amendments effected by these Regulations do not apply in relation to that application.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 November 1985.

2. Statutory Rules 1935 No. 71 as amended by 1936 No. 37; 1937 No. 69; 1938 No. 95; 1939 No. 139; 1941 No. 83; 1942 No. 61; 1944 No. 184; 1946 No. 17; 1950 No. 95; 1953 No. 15; 1955 No. 10; 1956 Nos. 36, 65 and 111; 1958 Nos. 35 and 36; 1959 Nos. 72 and 87; 1960 No. 85; 1961 No. 23; 1966 Nos. 14, 109, 117 and 155; 1969 No. 98; 1971 No. 72; 1973 No. 179; 1974 No. 260; 1976 Nos. 83 and 206; 1977 No. 182; 1978 No. 174; 1979 No. 64; 1980 Nos. 16 and 117; 1981 Nos. 168, 276 and 342; 1982 No. 60; 1983 Nos. 70, 200 and 299; 1984 Nos. 25 and 28.

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