Quarantine (Plants) Regulations (Amendment) (Cth)

 

STATUTORY RULES.

1948. No.

.

REGULATIONS UNDER THE QUARANTINE ACT 1908-1947.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Quarantine Act 1908-1947.

Dated this
day of	, 1948.

Governor-General.

By His Excellency’s Command,

Minister of State for Health.

Amendments of the Quarantine (Plants) Regulations.

Definitions.

1. Regulation 3 of the Quarantine (Plants) Regulations is amended by inserting in sub-regulation (1.), after the definition of “ the Act ”, the following definition:—

“ ‘ the Director ’ means the Director of Quarantine.”.

Certificates, permits, &c.

2. Regulation 21 of the Quarantine (Plants) Regulations is amended by adding at the end thereof the following paragraph :—

Seeds.

“ F.—(1.) In this paragraph, unless the contrary intention appears—

 ‘permit ’ means a permit to import seed into Australia issued by the Director ;

‘ premises ’ means the premises where the seed is stored or treated ;

‘ seed ’ means the seed of any variety or strain of—

(a) the species Linum usitatissimum Linnacus (flax or linseed) ;

(b) the species Glycine Soja Sieb. & Zucc. (soy or soya bean) ;

(c) the species Zea Mays Linnaeus (maize, sweet corn, pop corn and related types) ;

(d) the genus Nicotiana (tobacco and related plants); or

(e) the genus Arachis (peanuts or ground nuts).

“ (2.) A person shall not import seed into Australia unless he is the holder of a permit.

“ (3) Subject to this paragraph, the Director may issue a permit on such terms and conditions as he thinks fit.

* Notified in the Commonwealth Gazette on , 1948.

  Statutory Rules 1935, No. 91, as amended by Statutory Rules 1936, No. 36; 1937, Nos. 30 and 116; 1939, Nos. 20 and 49; and 1940, No. 43.

1851.—Price 3d. 8/28.4.1948.

“ (4.) Where seed is intended for sowing—

(a) the application for a permit shall be in accordance with form Q.-P.6 and shall be forwarded to the Chief Quarantine Officer of the Stale in which the seed is to be sown ;

(b)a permit shall not be issued for the importation of a quantity of seed which is, in the opinion of the Director, greater than the minimum quantity of seed necessary to establish, under quarantine, a variety or strain of the particular species or genus in Australia ; and

(c) the seed shall, before sowing, be subjected to such treatment as the Director directs.

“ (5.) All seed imported under a permit for sowing shall be grown in quarantine for at least one season and during that period shall be subject to such examination and treatment as the Director considers necessary.

“ (6.) Where any disease is detected in any plants so grown the Director may order the destruction of the pianta or may order such treatment of the plants and the soil in which the plants were grown as ho considers necessary.

“ (7.) Where any plants are ordered to be destroyed in pursuance of the last preceding sub-paragraph, the Director may, in his discretion, order the destruction of the residue, if any, of the seed imported under the permit.

“ (8.) Where seed (other than the seed of the genus Arachis) is intended for purposes other than sowing—

(a) the application for a permit shall be in accordance with Form Q.–P.7 and shall be forwarded to the Chief Quarantine Officer of the State into which the seed is to be imported ;

(b)the importer shall enter into a bond in accordance with Form Q.–P.8 ;

(c) the seed shall be conveyed forthwith from the place where it is landed to the premises of the importer, and those premises shall, in the opinion of the Chief Quarantine Officer, offer adequate safeguards to quarantine ;

(d)the seed shall not be removed from the premises of the importer until it has been treated in such a way as to destroy its viability ; and

(e) the importer shall maintain an accurate record of the quantity of seed imported, the treatment given to the seed and the manner of disposal of the seed and shall offer every facility for such examination of the record and of his premises as the Chief Quarantine Officer considers necessary.”.

Importation of peanuts.

3. Regulation 26 of the Quarantine (Plants) Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations—

“ (1.) A person shall not import peanuts into Australia for purposes other than sowing unless he is the holder of a permit issued by the Director.

“ (1a.) Subject to this regulation, the Director may issue a permit on such terms and conditions as he thinks fit.

“ (1b.) The application for a permit shall be in accordance with Form Q.P.7 and shall be forwarded to the Chief Quarantine Officer of the State into which the seed is to be imported.”;

(b) by omitting from sub-regulation (2.) the words “ Director of Quarantine ” (wherever occurring) and inserting in their stead the word “ Director ”;

(c) by omitting from that sub-regulation the words “, in the shell for roasting or manufacturing purposes,” and inserting in their stead the words “ for purposes other than sowing ”;

(d) by omitting from paragraph (a)of that sub-regulation the word “ Minister ” and inserting in its stead the word “ Director ” ; and

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

“ (3.) For the purposes of this regulation, ‘ peanuts ’ means the fruit of any variety or strain of the genus Arachis.”.

First Schedule.

4. The First Schedule to the Quarantine (Plants) Regulations is amended by adding at the end thereof the following forms:—

“ Q.–P.6.	Regulation 21.
Commonwealth of Australia.
Quarantine Act 1908-1947.
(plants.)

APPLICATION FOR PERMIT TO IMPORT SEED FOR SOWING.

Type of seed.

[Here insert common name].

To the Chief Quarantine Officer

(Plants) in the State of

I hereby make application, in accordance with regulation 21 of the Quarantine (Plants) Regulations, for permission to import into Australia the following seed for sowing:—

Genus or Species

Variety or strain

Quantity

Name and address of consignor

Locality where seed grown

Special reason for importation

Nature of treatment given or proposed

to be given to seed before dispatch

to Australia.

Proposed date of shipment.

Dated this	day of	, 19  .
Importer.

 

“ Q.–P.7.	Regulations 21 and 26.
Commonwealth of Australia.
Quarantine Act 1908-1947.
(plants.)

APPLICATION FOR PERMIT TO IMPORT SEED FOR PURPOSES OTHER THAN SOWING.

Type of seed.

[Here insert common name.]

To the Chief Quarantine Officer

(Plants) in the State of

I hereby make application, in accordance with regulation 21/26 of the Quarantine (Plants) Regulations, for permission to import into Australia the following seed:—

Genus or species

Variety or strain

Quantity

Locality where seed grown

Purpose for which seed required

Proposed date of shipment.

Dated this	day of	19 .
Importer.
“ Q.–P.8.	Commonwealth of Australia.	Regulation 21.
Quarantine Act 1908-1947.
(Plants.)
BOND.

Know all Men by these presents that I

of in the State of am held and

firmly bound to the Commonwealth of Australia in the sum of One hundred pounds, to be paid to the King for the purposes of the said Commonwealth, for which payment well and truly to be made I bind myself, my executors and administrators.

Sealed with my seal.

The condition of this Bond is such that if, in relation to all seed imported by me under a permit issued under regulation 21 of the Quarantine (Plants) Regulations, the following conditions are complied with, namely :—

(a)The seed is conveyed forthwith from the place where it in landed to my premises ;

(b) The seed is not removed from my premises until it has been treated in such a way as to destroy its viability ;

(c) An accurate record of the quantity of seed imported, the treatment given to the seed and the manner of disposal of the seed is maintained and every facility is afforded to the Chief Quarantine Officer for such examination of the record and of my premises as the Chief Quarantine Officer considers necessary ; and

(d)the provisions of the Quarantine (Plants) Regulations are complied with,

then this Bond shall be void, but otherwise shall remain in full force and virtue.

Dated the	day of	19 .
Signed, sealed and delivered by the said
Signature.
in the presence of
Signature of witness
Address
Occupation	,,

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.