Quarantine (Animals) Regulations (Amendment) (Cth)

Statutory Rules 1981 No. 3421

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 19 November 1981.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

(sgd) Michael Mackellar

Minister of State for Health

1. Regulation 2 of the Quarantine (Animals) Regulations is repealed and the following regulation substituted:

Application of these Regulations in the Cocos Islands

“2. Subject to the Act, these Regulations apply in and relate to the Cocos Islands in like manner, in so far as they are capable of so applying and relating, as they apply and relate to Australia and they so apply and relate—

• (a) as if a reference in

    these Regulations, other than this regulation and Schedule 5, to Australia were a reference to the Cocos Islands;

(b) as if a reference in these Regulations, other than this regulation and Schedule 5, to persons, vessels, goods or things in, or in relation to, Australia, or to matters that relate to Australia, were a reference to persons, vessels, goods or things in, or in relation to, the Cocos Islands, or to matters that relate to the Cocos Islands, as the case requires; and

(c) subject to each provision specified in each item in Schedule 5, in Column 2 of that Schedule, being altered in the manner specified, in that item, in Column 3 of that Schedule.”.

S.R. No. 312/81 Cat. No. —Recommended retail price 20c 12/26.10.1981

Interpretation

2. Regulation 4 of the Quarantine (Animals) Regulations is amended by omitting from sub-regulation (1) the definition of “constable” and substituting the following definition:

“ ‘constable’ includes a member or special member of the Australian Federal Police and a member of the police force of a State or Territory;”.

Prescribed quarantine officers

3. Regulation 5 of the Quarantine (Animals) Regulations is amended by omitting, “53” and substituting “52”.

Period of detention in quarantine station or in quarantine

4. Regulation 35 of the Quarantine (Animals) Regulations is amended by omitting from sub-regulation (1) “kind” and substituting “class”.

Period of quarantine surveillance

5. Regulation 37 of the Quarantine (Animals) Regulations is amended by omitting from sub-regulation (1) “the next succeeding sub-regulation” and substituting “sub-regulations (2) and (3)”.

6. Regulation 40 of the Quarantine (Animals) Regulations is repealed and the following regulation substituted:

Post-mortem examinations

“40. Where a post-mortem examination of an animal—

(a) that dies while it is subject to quarantine; or

(b) that is destroyed under the Act,

is required for a quarantine purpose, a quarantine officer shall cause such an examination of the animal to be made.”.

Compensation

7. Regulation 41 of the Quarantine (Animals) Regulations is repealed.

Loss during quarantine

8. Regulation 42 of the Quarantine (Animals) Regulations is amended by adding at the end thereof “unless that loss is suffered in circumstances in which compensation is payable under section 69a of the Act”.

Schedule 1

9. Schedule 1 to the Quarantine (Animals) Regulations is amended by omitting from Form B “53” and substituting “52”.

Schedule 5

10. The Quarantine (Animals) Regulations are amended by adding after Schedule 4 the following Schedule:

SCHEDULE 5 Regulation 2

QUARANTINE (ANIMALS) REGULATIONS IN THEIR APPLICATION IN AND RELATION TO THE COCOS ISLANDS: ALTERATIONS

Column 1	Column 2	Column 3
Item	Provision	Alteration
1	Regulation 4...............................	Omit from sub-regulation (1) the definition of “constable”, substitute the following definition:
“ ‘constable’ includes a constable, an extra constable and any other member of the police force of the Cocos Islands, a member or special member of the Australian Federal Police, and a member of the police force of a State or of another Territory;”
2	Regulation 7...............................	Omit “(except New Zealand)”
3	Part III.........................................	Omit
4	Regulation 34.............................	Omit sub-regulation (2)
5	Regulation 35.............................	Omit sub-regulations (2) and (3)
6	Regulation 35.............................	Omit from sub-regulation (4) “the last preceding sub-regulation, or in Schedule 2, as the case may be,”, substitute “Schedule 2”
7	Regulation 37.............................	Omit, substitute the following regulation:
“37. An animal under quarantine surveillance shall continue thereunder until the Chief Quarantine Officer is satisfied that the animal is free from disease and permits the animal to be released from quarantine surveillance.”
8	Regulation 50.............................	Omit from sub-regulation (3) “Australia”, substitute “the Cocos Islands”
9	Part V...........................................	Omit
10	Regulation 59.............................	Omit from paragraph (a) “an Australian port”, substitute “the Cocos Islands”
11	Regulation 59.............................	Omit “imported into Australia”, substitute “imported into the Cocos Islands”
12	Regulation 59.............................	Omit from paragraph (c) “first port in Australia”, substitute “first port in the Cocos Islands”
13	Regulation 59.............................	Omit from paragraph (d) “Australian port”, substitute “port in the Cocos Islands”
14	Regulation 60.............................	Omit “Australia”, substitute “the Cocos Islands”
15	Regulation 65.............................	Insert in sub-regulation (2) “Australia,” after “effects from”
16	Regulation 68.............................	Insert in paragraph (b) “Australia,” after “bags from”
17	Regulation 68.............................	Omit from paragraph (b) “and Australia”, substitute “and the Cocos Islands”
18	Regulation 68.............................	Omit “arrival in Australia”, substitute “arrival in the Cocos Islands”
19	Regulation 69.............................	Insert in sub-regulation (1) “Australia,” after “goods from”
20	Regulation 69a..........................	Omit
21	Part VII .......................................	Omit
22	Part VIII .....................................	Omit
23	Regulation 88.............................	Omit
24	Regulation 92.............................	Omit “or in an A class registered zoological garden”
25	Regulation 94.............................	Omit
26	Regulation 94a..........................	Omit

SCHEDULE 5—continued

Column 1

Column 2

Column 3

Item

Provision

Alteration

27

Regulation 95...................................................

Omit, substitute the following regulation:

“ 95. The fee for the management and maintenance of cattle at the quarantine station in the Cocos Islands is $11.50 for each animal for each day during which that animal is kept at the station.”

28

Regulation 95a................................................... .

Omit

29

Regulation 96...................................................

Omit

30

Regulation 96a...................................................

Omit

31

Schedule 1...................................................

Omit from Form E “Australian port”, substitute “port in the Cocos Islands”

32

Schedule 2 ...................................................

Omit, substitute the following Schedule:

SCHEDULE 2 Regulation 35

 

PERIOD OF DETENTION IN QUARANTINE STATION

Column 1	Column 2
Class of animal	Days
Cattle from Canada and the United States of America	90
Cattle from Austria, Belgium, Denmark, Federal Republic of Germany, Finland, France, Italy, Luxembourg, Netherlands, Norway, Sweden and Switzerland....................................................................	150

33

Schedule 3...................................................

Omit

34

Schedule 4...................................................

Omit

NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 December1981.

2. Statutory Rules 1935 No. 71 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No, 168 and see also Statutory Rules 1981 Nos. 168 and 276.

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