Quarantine (Animals) Regulations (Amendment) (Cth)

Statutory Rules.

1979 No. 64

REGULATIONS UNDER THE QUARANTINE ACT 1908*

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 this twenty-first day of April 1979.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,.

SGD. RALPH J. HUNT

Minister of State for Health

AMENDMENTS OF THE QUARANTINE (ANIMALS) REGULATIONS 

Commencement

1. These Regulations shall come into operation on the thirty-first day after the date of their notification in the Gazette.

Interpretation

2. Regulation 4 of the Quarantine (Animals) Regulations is amended—

(a) by inserting after the definition of “ Government veterinary surgeon ” in sub-regulation (1) the following definition:

“ ‘ holiday ’, in relation to the performance of a service by an officer, means a day generally observed as a holiday by officers of the Commonwealth Public Service or the Public Service of the State or Territory in which the service is performed at the place in which the service is performed;” and

* Notified in the Commonwealth of Australia Gazette on 27 April 1979.

  Statutory Rules 1935 No. 71 as amended by Statutory Rules 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 37; 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; and 1977 No. 182.

14290/78 Cat. No. —Recommended retail prices 20c 12/30.3.1979

(b) by inserting after the definition of “ responsible Government veterinary surgeon ” in sub-regulation (1) the following definition:

“ ‘ service ’ moans a service rendered by a quarantine officer;”.

Expense of treatment and supervision

3. Regulation 93 of the Quarantine (Animals) Regulations is amended by omitting “ fee specified in the Third Schedule ” and substituting “ fees applicable under items 7, 8 and 10 of Schedule 4 ”.

4. Regulation 95 of the Quarantine (Animals) Regulations is repealed and the following regulations substituted:

Exporter or importer to provide sustenance for animals other than birds, cats, dogs, &c.

“ 94a. Subject to sub-regulation 95 (7), the Director or the Chief Quarantine Officer may require the exporter or importer to provide sustenance for an animal other than a bird, cat, dog, guinea pig or rabbit while that animal is detained in a quarantine station.

Fees payable by exporters and importers

“ 95. (1) The fees specified in Schedules 3 and 4 shall be payable where applicable by the exporter or importer of any animal, animal product or other goods in respect of examinations or services by quarantine officers in matters specified in those Schedules.

“ (2) In Schedules 3 and 4—

‘ veterinary examination ’ includes the mallein test, the tuberculin test and any other tests;

‘ consignment ’ means any number of—

(a) animals of the one species; or

(b) animal products or goods,

discharged at one port at the same time from one vessel from one country for one importer or loaded for export to one importer from one port at the same time on the one vessel for one country; and

‘ inspection of consignment ’ includes the verification of the invoice relating to that consignment together with the taking of samples from that consignment for examination or analysis.

“ (3) The fees specified in Schedule 3 in respect of the veterinary examination of any animal shall not include the charges for veterinary treatment in respect of any intercurrent diseases of the animal while in a quarantine station and there shall be payable by the exporter or importer of the animal in respect of any such treatment such fees as a quarantine officer fixes, not exceeding those ordinarily charged by the veterinary profession for similar treatment.

“ (4) Except in the case of a bird, rabbit or guinea pig—

(a) where an animal is brought into a place or port in. Australia from overseas and is detained in a quarantine station in pursuance of the Act or these Regulations, the Director or Chief Quarantine Officer may require the importer to deposit with him an amount not exceeding the amount per day specified in Item 2 or 3 of Schedule 4, as the case requires, multiplied by the number of days for which under regulation 35 the animal is required to be detained in that quarantine station; and

(b) where an animal is to be exported from Australia and is accommodated in a quarantine station, the Director or Chief Quarantine Officer may require the exporter to deposit with him an amount not exceeding the amount specified in Item 2 or 3 of Schedule 4, as the case requires, multiplied by the number of days for which that animal is expected to be accommodated in that quarantine station.

“ (5) Where an examination or a service in respect of which a fee is specified inSchedule 3 or 4 is, at the request of the person by whom the fee is payable, performed in whole or in part before or after official hours or on a Sunday, Saturday or holiday, an additional fee shall be payable in respect of that service at the rate of—

(a) where the examination or service or part of the examination or service, as the case requires, is performed on a Sunday or a holiday—$15 per hour or part of an hour of the total of the periods worked by every person performing that examination or service or part of that examination or service; and

(b) where the examination or service or part of the examination or service, as the case requires, is performed before or after official hours or on a Saturday—$10 per hour or part of an hour of the total of the periods worked by every person performing that examination or service or part of that examination or service.

“ (6) Where an examination or a service, or part of an examination or service, in respect of which an additional fee is payable under sub-regulation (5) is, at the request of the person by whom the fee is payable, performed at a place other than a quarantine station, a further additional fee shall bepayable in respect of that examination or service or part of that examination or service at the rate of—

(a) where the examination or service or part of an examination or service is performed on a Sunday or holiday— $15 per hour or part of an hour of the total of the periods during which every person performing that examination or service or part of an examination or service was engaged in travelling to or from the place where the examination or service or part of an examination or service was performed; and

(b) where the examination or service or part of an examination or service is performed before or after official hours or on a Saturday—$10 per hour or part of an hour of the total of the periods during which every person performing that examination or service or part of an examination or service was engaged in travelling to or from the place where the examination or service or part of an examination or service was performed.

“ (7) This regulation does not apply in relation to animals, animal products or goods—

(a) exported from or imported into Australia—

(i) by the Commonwealth;

(ii) by an authority of the Commonwealth;

(iii) by a Government Department of a State or Territory dealing with agriculture, livestock or fisheries;

(iv) by the government of an overseas country;

(v) by a diplomatic representative (including a consul acting in his official capacity) of an overseas country; or

(vi) by a university or an institute for the purpose of animal breeding and selection;

(b) carried as part of the personal luggage (other than luggage carried in the hold of a ship) of a passenger or a member of the crew on a ship or aircraft; or

(c) sent through the post in a parcel addressed to a person who is not a person engaged in the business of importing goods of the kind in which the goods are included.”.

Fees payable by exporters

5. Regulation 96b of the Quarantine (Animals) Regulations is repealed.

Third Schedule and Fourth Schedule

6. The Third Schedule and the Fourth Schedule to the Quarantine (Animals) Regulations are repealed and the following Schedules substituted:

SCHEDULE 3Sub-regulation 95 (1)

FEES IN RELATION TO THE MATTER OF VETERINARY EXAMINATION OF LIVE IMPORTED ANIMALS OTHER THAN ANIMALS IMPORTED SOLELY FOR EXHIBITION PURPOSES BY THE OWNER OF ANY PREMISES OR TRAVELLING CIRCUS REGISTERED UNDER SUB-REGULATION 52 (1) AS AN “A” CLASS ZOOLOGICAL GARDEN

Column 1	Column 2	Column 3	Column 4
Item	Animals in respect of which fee is payable	Amount of fee for animal imported from New Zealand	Amount of fee for animal imported from a country other than New Zealand
$	$
1	Horses, asses, mules, and other equine animals; cattle and other ruminants other than sheep and goats—
(a) single animal, or the first animal in a consignment ..	10.00	20.00
(b) each animal, other than the first, in a consignment ...	5.00	10.00
2	Sheep, goats, swine—
(a) a single animal, or the first animal in a consignment	7.50	15.00
(b) each animal, other than the first, in a consignment ...	2.50	5.00
3	Dogs, cats—each animal ...................................................	8.00	15.00
4	Rabbits, guinea pigs, domestic birds (including cage-birds and poultry other than “ day old ” poultry)—
(a) a single animal, or the first animal in a consignment ..........................................................................................	6.00	6.00
(b) each animal, other than the first animal, in a consignment .......................................................	1.00	1.00
5	“ Day old ” poultry (poultry not more than 72 hours old)—a single bird, or each consignment.......................................	15.00	15.00
6	Bees—each queen bee and its escort bees ...........................	10.00	10.00
7	Wild or undomesticated animals—
(a) each mammal ........................................................	20.00	20.00
(b) each bird or reptile ................................................	10.00	10.00
8	Fish—
(a) a single fish, or the first 100 fish or part thereof in a consignment.........................................................	10.00	10.00
(b) each additional 200 fish or part thereof in a consignment .....................................................................	1.00	1.00
9	Animals imported for scientific purposes—a single animal, or each consignment ............................................................	12.00	12.00
10	Any other animal ..............................................................	12.00	12.00

 

SCHEDULE 4Sub-regulation 95 (1)

FEES IN RELATION TO THE MATTERS OF INSPECTION. MANAGEMENT, DISINFECTION AND CONVEYANCE

Column 1	Column 2	Column 3
Item	Matter	Amount of fee
1	Inspection of live animals in quarantine at a place other than a quarantine station—
(a) single animal, or the first animal in a consignment	$15.00 plus any expenses necessarily incurred by the officer making the inspection
(b) for each additional animal ............................................	$5.00 but not exceeding $45.00 per consignment
2	Management of live animals at a quarantine station where the exporter or importer is providing, sustenance—
(a) horses, asses, mules and other equine animals; cattle and other ruminants other than sheep and goals—for each animal	$5.00 per day
(b) sheep, gouts and swine—for each animal ..	$2.00 per day
(c) any other animals other than birds, cats, dogs, guinea pigs or rabbits—for each animal .......................................	$3.00 per day
3	Management of live animals where the exporter or importer is not providing sustenance —
(a) horses, asses, mules and other equine animals; cattle and other ruminants other than sheep and goats—for each animal	$5.00 per day plus feed at cost
(b) sheep, goats and swine—for each animal ......................	$2.00 per day plus feed at cost
(c) dogs—
(i) where the body weight is less than 10 kilograms on arrival of the dog at the quarantine station—
(a) for each animal less than 6 weeks old	$1.00 per day
(b) for each animal 6 weeks old or older	$1.50 per day
(ii) where the body weight is 10 kilograms or more, but less than 25 kilograms, on arrival of the do; at the quarantine station—for each animal .....................	82.00 per day
(iii) where the body weight is 25 kilograms or more on arrival at the quarantine station— for each animal	$2.50 per day
(iv) for each whelping bitch ......................................	$50.00 per confinement in addition to the daily rate plus treatment and medication if any
(d) cats—
(i) for each cat 6 weeks old but less than 12 weeks old	$0.75 per day
(ii) for each cat 12 weeks old or older ........................	$1.50 per day
(iii) for each cat having kittens ..................................	$25.00 per confinement in addition to the daily rate plus treatment and medication if any
(c) birds—for each bird .....................................................	$0.25 per day
(f) rabbits, guinea pigs—for each animal ............................	$0.25 per day
(g) any other animals—for each animal ..............................	$3.00 per day plus feed at cost
4	Inspection of consignment of animal products—
(a) animal semen, ova, embryo—per consignment of—
(i) less than 501 doses ..............................................	$10.00
(ii) 501–1500 doses ..................................................	$15.00
(iii) 1501–5000 doses ...............................................	$20.00
(iv) over 5000 doses .................................................	$25.00

SCHEDULE 4—continued

Column 1	Column 2	Column 3
Item	Matter	Amount of fee
(b) other products—
(i) per consignment not exceeding 50 kilograms	$5.00
(ii) per consignment exceeding 50 kilograms but not exceeding 5 tonnes .............................................	$15.00
(iii) per consignment exceeding 5 tonnes but not exceeding 50 tonnes ...........................................	$25.00
(iv) per consignment exceeding 50 tonnes .................	$35.00
5	Inspection of animal products transmitted by mail—per postal article ..................................................................................	$5.00
6	Supervision of cheese imports—per consignment ......................	$5.00
7	Disinfection of—
(a) kennels used by cats or dogs—per kennel ............................	$3.00
(b) saddles—
(i) where stuffing is not removed ...............................	$8.00 each
(ii) where stuffing is removed ...................................	$15.00 each
(c) cattle or horse rugs ......................................................	$1.00 each
(d) other articles of saddlery or animal handling equipment .	$6.00 per 1/2 hour or part thereof for each officer engaged in disinfection
(e)animal hair, bristles, wool, feathers, skins, bones and similar goods—per consignment exceeding 1 kilogram .	$6.00 per 1/2 hour or part thereof for each officer engaged in disinfection
(f) other animal products or goods .....................................	$6.00 per 1/2 hour or part thereof for each officer engaged in disinfection
8	For use of the steam disinfector where item 7 applies ................	$15.00 per 1/2 hour or part thereof
9	Service performed in accordance with regulation 38—for each service (other than burning) ..................................................	$22.00 per 1/2 hour or part thereof for each officer engaged in rendering the service
10	Supervision of disinfection or treatment of goods in pursuance of regulation 93 .......................................................................	$6.00 per 1/2 hour or part thereof for each authorized person engaged in the service
11	Any other supervision of the performance of quarantine not elsewhere prescribed ...........................................................	$6.00 per 1/2 hour or part thereof for each officer engaged in supervision
12	Conveyance of animals to a quarantine station or other place in connection with quarantine—
(a) cats and dogs—for each animal ....................................	$6.00 per journey
(b) all other animals ..........................................................	$6.00 per 1/2 hour or part thereof for each officer engaged in rendering service plus cost of hiring equipment and driver/operator

 

Savings

7. In relation to animals, animal products and goods that—

(a) are in a quarantine station at the commencement of these Regulations; or

(b) have been consigned, for delivery to Australia, before the commencement of these Regulations,

the Quarantine (Animals) Regulations as in force immediately before the commencement of these Regulations shall continue to apply as if these Regulations had not been made.

Formal amendments

8. The Quarantine (Animals) Regulations are amended as set out in the Schedule.

SCHEDULERegulation 8

FORMAL AMENDMENTS

Provision amended	Amendment
Sub-regulation. 4 (2) ......................	Omit “ the First Schedule ”, substitute “ Schedule 1 ”.
Sub-regulation 4 (3) .......................	Omit “ the First Schedule ”, substitute “ Schedule 1 ”.
Sub-regulation 35 (1) .....................	Omit “ the Second Schedule ”, substitute “Schedule 2”.
Sub-regulation 35 (2) .....................	Omit “ the Second Schedule ”, substitute “Schedule 2”.
Sub-regulation 35 (4) .....................	Omit “ Second Schedule ”, substitute “Schedule 2”.
The First Schedule .........................	Omit “ the first schedule ”, substitute “schedule 1”.
The Second Schedule .....................	Omit “ the second schedule ”, Substitute “schedule 2 ”.

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