Quarantine (Plants) Regulations (Amendment) (Cth)

 

Statutory Rules

1975

No. 29

REGULATIONS UNDER THE QUARANTINE ACT 1908-1973.*

I, THE ADMINISTRATOR of the Government of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Quarantine Act 1908-1973.

Dated this Twenty fifth day of February 1975.

A.R CUTLER

Administrator.

By His Excellency’s Command,

Minister of State for Health.

Amendments of the Quarantine (Plants) Regulations

Commencement.

1. These Regulations shall come into operation on 1 March 1975.

Interpretation.

2.Regulation 3 of the Quarantine (Plants) Regulations is amended—

(a) by inserting, after the definition of “ holding space ” in sub-regulation

(1), the following definition:—

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

(b) by inserting, after the definition of “ service ” in sub-regulation (1), the following definition:—

“ ‘supervision’, in relation to a consignment of goods, includes the verification of the manifest relating to that consignment;”.

Fees for services.

3. Regulation 6 of the Quarantine (Plants) Regulations is amended—

(a) by omitting sub-regulations (2), (3) and(4) and substituting the following sub regulations:—

“ (2) Where a service in respect of which a fee is payable under an item in the Second Schedule, other than item 3, 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

* Notified in the Australian Government Gazette on 21 February 1975.

  Statutory Rules 1935,No. 91, as amended by Statutory Rules 1936, No. 36; 1937, Nos. 30and 116; 1939, Nos. 20 and 49; 1940,No. 43; 1948, No. 63 and 92;1950, Nos. 27 and 78; 1953, No. 4; 1954, No. 3; 1955, No. 71; 1956, Nos, 24 and 66; 1957, No. 73, 1959, No. 73; 1961, No. 29; 1963, No. 110; 1964, No. 117; 1965, No. 82; 1966, No. 13; 1967, No. 45; 1968, No. 86; 1969, No. 106; and 1973, No. 157.

19292/74 - Recommended retail price 15c 10/20.2.1975

holiday, an additional fee shall be paid to Australia in respect of that service at the rate of—

(a) where the service or the part of the service, as the case requires, is performed on a Sunday or holiday—$6.25 per hour or part of an hour of the total of the periods worked by every person rendering that service on a Sunday or holiday; and

(b) where the service or the part of the service, as the case requires, is performed before or after official hours or on a Saturday—$3.45 per hour or part of an hour of the total of the periods worked by every person rendering that service before or after official hours or on a Saturday.

“ (3) Where a service in respect of which an additional fee is payable under sub-regulation (2) is, at the request of the person by whom the fee is payable, performed at a place other than a quarantine station or government nursery, an additional fee shall be paid to Australia in respect of that service at the rate of—

(a) where the service is performed on a Sunday or holiday— $6.25 per hour or part of an hour of the total of the periods during which every person rendering that service was engaged in travelling to or from the place where the service was performed; and

(b) where the service is performed before or after official hours or on a Saturday—$3.45 per hour or part of an hour of the total of the periods during which every person rendering that service was engaged in travelling to or from the place where the service was performed.

“ (4) Subject to sub-regulation (4d), where a consignment of goods in respect of which a service specified in item 13 or 15 of the Second Schedule has been performed at a quarantine station or government nursery has not been removed from that station or nursery within one day after that service has been performed, an additional fee shall be paid to Australia at the rate of—

(a) where the volume of the consignment does not exceed 0.1 cubic metres—$5.00 in respect of each day or part of a day after that first day;

(b) where the volume of the consignment exceeds 0.1 cubic metres but does not exceed 1 cubic metre—$25.00 in respect of each day or part of a day after that first day; or

(c) where the volume of the consignment exceeds 1 cubic metre—$25.00, plus an amount of $12.50 per half cubic metre, in respect of each day or part of a day after that first day.

“ (4a) Subject to sub-regulation (4b), where a consignment of goods or a container system unit in respect of which a service specified in an item in the table in the Second Schedule, other than item 13 or 15, has been performed at a quarantine station has not been removed from that station within—

(a) where the service was performed by the quarantine service at the request of the owner or consignee or the agent fot either—4 days after the service has been completed; or

(b) in any other case—8 days after the consignment or container system unit was delivered to the quarantine station,

an additional fee shall be paid to Australia at the rate of—

(c) in the case of a consignment consisting of seeds—$2.00 per kilogramme or part of a kilogramme;

(d) in the case of a consignment consisting of bulbs, corms, rhizomes or tubers—$0.50 per bulb, corm, rhizomes or tuber;

(e) in the case of a consignment consisting of plants, other than plants referred to in paragraphs (c) and (d)—$2.00 per plant;

(f) in the case of a consignment consisting of machinery or other equipment (including motor vehicles or trailers)—$10.00 per unit of machinery or other equipment;

(g) in the case of a consignment consisting of limber (not including plywood or veneers)—$2.00 per cubic metre;

(h) in the case of a container system unit—$20.00; or

(i) in any other case—

(i) where the volume of the consignment does not exceed 0.1 cubic metres—$2.00; or

(ii) where the volume of the consignment exceeds 0.1 cubic metres—$10.00 per cubic metre, or part of a cubic metre, of the volume of the consignment,

in respect of each day, or part of a day, after the period applicable to the consignment or to the container system unit under paragraph (a) or (b) until the consignment or container system unit is removed from that station.

“ (4b) Sub-regulations (4) and (4a) do not apply to a consignment of goods or a container system unit in respect of any period during which the consignment or container system unit remains at a quarantine station or government nursery after the performance of a service specified in an item in the table in the Second Schedule while awaiting the performance of another service specified in an item in the table in the Second Schedule.

“ (4c) An importer may, in respect of a year, by notice in writing to the Director of Quarantine, elect to pay a fee in respect of the total of all examinations in that year, being examinations referred to in item 11 of the Second Schedule, of goods imported by him into Australia.

“ (4d) Where an importer makes an election under sub-regulation (4c) in respect of a year there is payable to Australia a fee of $250 in respect of the total of all examinations in that year, being examinations to which the election relates, in lieu of any fees (including additional fees) that would otherwise be payable by him under this regulation in respect of any such examination.”;

(b) by omitting from sub-regulation (5) the figure “ 7 ” and substituting the figures “ 6 or 7 ”;

(c) by inserting, before paragraph (a) of sub-regulation (8), the following paragraph.—

“ (aa) imported into Australia by—

(i) Australia;

(ii) an authority of Australia;

(iii) a government department of a State or Territory of Australia dealing with agriculture, forestry or conservation;

(iv) the government of an overseas country; or

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

(d) by adding at the end thereof the following sub-regulation:—

“ (9) In this regulation, ‘day’ means a period of 24 hours ”.

Quarantine of plants not otherwise provided for in Regulations.

4. Regulation 17 of the Quarantine (Plants) Regulations is amended by adding at the end thereof the following sub-regulation:—

“ (2) In sub-regulation (1), ‘plant’ includes plant product.”.

Second Schedule.

5. The Second Schedule to the Quarantine (Plants) Regulations is repealed and the following Schedule substituted:—

“ SECOND SCHEDULE Regulation 6

TABLE OF FEES

Item No.	Service	Fee
1	Examination of a consignment of goods, being machinery or other equipment (including motor vehicles and trailers)—
consignment including not more than 5 units...................	$3.50
consignment including more than 5 units.........................	$3.50 plus an amount calculated at the rate of $0.40 per unit in excess of 5 units
2	Examination of a consignment of timber (not including plywood or veneers)—
consignment not exceeding 25 cubic metres.....................	$3.50
consignment exceeding 25 cubic metres..........................	$3.50 plus an amount calculated at the rate of $0.15 per cubic metre, or part thereof, in excess of 25 cubic metres
3	Examination of a consignment of goods, being plant products or seeds other than plant products or seeds imported in bags or other containers with a similar holding capacity—
consignment not exceeding 5 tonnes...............................	$10.00
consignment exceeding 5 tonnes but not exceeding 2,000 tonnes......................................................................................	$40.00 plus an amount calculated at the rate of $0.30 per tonne, or part of a tonne in excess of 5 tonnes
consignment exceeding 2,000 tonnes but not exceeding 8,000 tonnes...........................................................................	$640.00 plus an amount calculated at the rate of $0.04 per tonne, or part of a tonne in excess of 2,000 tonnes
consignment exceeding 8,000 tonnes...............................	$880.00 plus an amount calculated at the rate of $0.02 per tonne, or part of a tonne in excess of 8,000 tonnes
4	Examination (including preliminary fumigation or other preliminary treatment) of a consignment of plants, other than bulbs, corms, rhizomes or tubers—
consignment not exceeding 25 plants, other than rose budding eyes......................................................................................	$8.00
consignment not exceeding 250 rose budding eyes...........	$8.00
consignment exceeding 25 plants, other than rose budding eyes......................................................................................	$13.40 plus an amount calculated at the rate of $0.17 in excess of 25 plants
consignment exceeding 250 rose budding eyes................	$13.40 plus an amount calculated at the rate of $0.17 per 10 rose budding eyes, or part thereof, in excess of 250 rose budding eyes

SCHEDULE—continued

Item No.	Service	Fee
5	Examination (including preliminary fumigation or other preliminary treatment) of a consignment of plants, being bulbs, corms, rhizomes or tubers—
consignment not exceeding 100 plants.............................	$8.00
consignment exceeding 100 plants..................................	$13.40 plus an amount calculated at the rate of $0.17 per lot of 4 plants, or part thereof, in excess of 100 plants
6	Examination of samples of seeds taken from a consignment where analysis is performed in a seed laboratory—
consignment not exceeding 200 containers......................	$16.00
consignment exceeding 200 containers............................	$16.00 plus an amount calculated at the rate of $3.25 per 100 containers, or part thereof, in excess of 200 containers
7	Examination of samples of seeds taken from a consignment where analysis is not performed in a seed laboratory—
consignment not exceeding 20 units................................	$3.50
consignment exceeding 20 units but not exceeding 400 units	$0.20 per unit
consignment exceeding 400 units....................................	$80.00
8	Examination of a consignment of household effects or personal effects or household effects and personal effects—
consignment not exceeding 2 cubic metres......................	$3.50
consignment exceeding 2 cubic metres but not exceeding 10 cubic metres......................................................................	$7.00
consignment exceeding 10 cubic metres but not exceeding 50 cubic metres......................................................................	$20.00
consignment exceeding 50 cubic metres..........................	$25.00
9	Examination of container system units but not of the goods (if any) in them, being units that are in use as part of the transportation system for the purposes of which they were designed.......................	$0.80 per container system unit
10	Examination of container system units but not of the goods (if any) in them, being units that are not in use as part of the transportation system for the purposes of which they were designed—
consignment not exceeding 2 container system units........	$4.00
consignment exceeding 2 but not exceeding 10 container system units.........................................................................	$1.60 per container system unit
consignment exceeding 10 but not exceeding 25 container system units.........................................................................	$16.00 plus an amount calculated at the rate of $1.20 per container system unit in excess of 10 container system units
consignment exceeding 25 container system units............	$34.00 plus an amount calculated at the rate of $1.00 per container system unit in excess of 25 container system units
11	Examination of goods transmitted by mail.................................	$3.50 per postal article

SCHEDULE—continued

Item No.	Service	Fee
12	Examination of goods in a consignment, being an examination for which a fee is not elsewhere specified in this table—
consignment not exceeding 20 units................................	$4.00
consignment exceeding 20 units but not exceeding 400 units	$0.20 per unit
consignment exceeding 400 units....................................	$80.00
13	Fumigation of a consignment of goods in tanks—
where the consignment does not exceed 0.5 cubic metres.	$3.50
where the consignment exceeds 0.5 cubic metres and the capacity of the tank does not exceed 3 cubic metres..................	$3.50 plus an amount calculated at the rate of $1.12 per 0.1 cubic metres, or part thereof, of goods fumigated
where the consignment exceeds 0.5 cubic metres, the capacity of the tank exceeds 3 cubic metres and the period of fumigation—
does not exceed 24 hours......................................	$19.40 plus an amount calculated at the rate of $16.15 per 3 cubic metres, or part thereof, of goods fumigated
exceeds 24 hours..................................................	$19.40 plus an amount calculated at the rate of $26.00 per 3 cubic metres, or part thereof, of goods fumigated
14	Fumigation of a consignment of goods by methods not involving the use of tanks..............................................................................	$50.00 plus an amount calculated at the rate of $7.40 for each hour, or part of an hour, of the total of the periods worked by every person engaged in the fumigation
15	Treatment of a consignment of goods in ovens or hot water tanks—
consignment of goods consisting of seeds not exceeding 5 kilograms in weight...................................................	$7.40
any other consignment of goods—
for a period not exceeding 24 hours.......................	$3.50 plus an amount calculated at the rate of $1.12 per 0.1 cubic metres, or part thereof, of goods treated
for a period exceeding 24 hours.............................	$3.50 plus an amount calculated at the rate of $1.50 per 0.1 cubic metres, or part thereof, of goods treated
16	Supervision of the performance of quarantine by goods (other than plants) in a holding space at an approved place—
where the area of the holding space does not exceed 10 square metres or the volume of the holding space does not exceed the volume of 5 tonnes of any of the goods performing quarantine and quarantine is performed (whether by the same or different goods) in the holding space for a continuous period—
not exceeding 6 months........................................	$50.00

SCHEDULE—continued

Item No.	Service	Fee
exceeding 6 months..............................................	$100.00 or $50.00 plus an amount calculated at the rate of $8.50 per month, or part thereof, in excess of 6 months, whichever is the lesser amount
where the area of the holding space exceeds 10 square metres but does not exceed 20 square metres or the volume of the holding space exceeds the volume of 5 tonnes of any of the goods performing quarantine but does not exceed the volume of 10 tonnes of those goods and quarantine is performed (whether by the same or different goods) in the holding space for a continuous period—
not exceeding 6 months........................................	$72.00
exceeding 6 months..............................................	$144.00 or $72.00 plus an amount calculated at the rate of $12.00 per month, or part thereof, in excess of 6 months, whichever is the lesser amount
where the area of the holding space exceeds 20 square metres but does not exceed 50 square metres or the volume of the holding space exceeds the volume of 10 tonnes of any of the goods performing quarantine but does not exceed the volume of 100 tonnes of those goods and quarantine is performed (whether by the same or different goods) in the holding space for a continuous period—
not exceeding 6 months........................................	$100.00
exceeding 6 months..............................................	$200.00 or $100.00 plus an amount calculated at the rate of $16.00 per month, or part thereof, in excess of 6 months, whichever is the lesser amount
where the area of the holding space exceeds 50 square metres or the volume of the holding space exceeds the volume of 100 tonnes of any of the goods performing quarantine and quarantine is performed (whether by the same or different goods) in the holding space for a continuous period—
not exceeding 6 months........................................	$150.00
exceeding 6 months..............................................	$300.00 or $150.00 plus an amount calculated at the rate of $25.00 per month, or part thereof, in excess of 6 months, whichever is the lesser amount
17	Supervision of the performance of quarantine by plants (other than plants referred to in item 19) in an insect proof holding space at an approved place—
where the number of plants performing quarantine does not, at any time, exceed 25 and the area of holding space does not exceed 10 square metres.......................................................	$40.00
where the number of plants performing quarantine exceeds, at any time, 25, the area of the holding space does not exceed 10 square metres and quarantine is performed (whether by the same or different plants) in the holding space for a continuous period—
not exceeding 6 months........................................	$75.00

SCHEDULE—continued

Item No.	Service	Fee
exceeding 6 months..............................................	$75.00 plus an amount calculated at the rate of $12.50 per month, or part thereof, in excess of 6 months

where the area of the holding space exceeds 10 square metres and quarantine is performed (whether by the same or different plants) in the holding space for a continuous period—
not exceeding 6 months........................................	$75.00 plus an amount calculated at the rate of $12.50 per 10 square metres, or part thereof, of the area of the holding space in excess of 10 square metres
exceeding 6 months..............................................	$75.00 plus an amount calculated at the rate of $12.50 per month, or part thereof, in excess of 6 months and a further amount calculated at the rate of $25.00 per 10 square metres, or part thereof, of the area of the holding space in excess of 10 square metres
18	Supervision of the performance of quarantine by plants (other than plants referred to in items 17 and 19) in a holding space at an approved place—
where the area of the holding space does not exceed 40 square metres and quarantine is performed (whether by the same or different plants) in the holding space for a continuous period—
not exceeding 6 months........................................	$75.00
exceeding 6 months..............................................	$75.00 plus an amount calculated at the rate of $12.50 per month, or part thereof, in excess of 6 months
where the area of the holding space exceeds 40 square metres and quarantine is performed (whether by the same or different plants) in the holding space for a continuous period—
not exceeding 6 months........................................	$75.00 plus an amount calculated at the rate of $12.50 per 40 square metres, or part thereof, of the area of the holding space in excess of 40 square metres
exceeding 6 months..............................................	$75.00 plus an amount calculated at the rate of $12.50 per month, or part thereof, in excess of 6 months and a further amount calculated at the rate of $75.00 per 40 square metres, or part thereof, of the area of the holding space in excess of 40 square metres

SCHEDULE—continued

Item No.	Service	Fee
19	Supervision (includine preliminary inspection and treatment) of the performance of quarantine by plants derived from seed restricted by quarantine to a holding space at an approved place—
each genus of plants other than sunflowers—
not exceeding 10 lines or cultivars.........................	$170.00
exceeding 10 lines or cultivars..............................	$240.00 per year or quarantine growing period, whichever is the lesser period, or part thereof during which the performance of quarantine by those plants is supervised
Sunflowers..........................................................	$340.00 per period of two growing seasons for sunflowers, or part thereof, during which the performance of quarantine by those plants is supervised
20	Supervision of the performance of quarantine by goods or plants in a consignment of goods or plants, being a service to which none of items 16, 17, 18 or 19 apply.........................................................	$6.50 per consignment
21	Care of a consignment of plants (other than plants referred to in item 22) performing quarantine at a Government nursery—
plants (other than bulbs, corms, rhizomes or tubers)	$24.00 plus an amount calculated at the rate of $0.30 per plant
bulbs, corms, rhizomes or tubers—
where the consignment docs not exceed 300 plants.	$24.00 plus an amount calculated at the rate of $0.30 per bulb, corni, rhizome or tuber
where the consignment exceeds 300 plants............	$114.00 plus an amount calculated at the rate of $0.15 per bulb, corm, rhizome or tuber
22	Care, including preliminary inspection and treatment, of plants derived from seed restricted by quarantine to aholding space at an approved place where the holding space is part of ft Government nursery..........................................................................................	$30.00 per cultivar or line
23	Service with respect to the performance of quarantine by goods in a consignment of goods, being a service for which a fee is not elsewhere specified in this Schedule....................................................	$7.40 for each hour, or part of an hour, of the total of the periods worked by every person rendering the service

Transitional.

6. Notwithstanding the amendments effected by these Regulations, the fee (including any additional fee payable in respect of a quarantine service, being a service described in an item in the Second Schedule to the Quarantine (Plants) Regulations as amended by these Regulations referred to by number in column 1 of the following table, the performance of which commences before the date specified in column 2 of that table opposite to that item, is the amount that would

have been payable in respect of that service if the Quarantine (Plants) Regulations as in force immediately before the commencement of these Regulations had continued to apply in respect of that service:—

Column 1	Column 2
Item number in Second Schedule	Date
8	1 May 1975
16	1 April 1975
17	1 April 1975
18	1 April 1975
19	1 July 1975
21	1 April 1975
22	1 April 1975

Printed by Authority by the Government Printer of Australia