Quarantine (Plants) Regulations (Amendment) (Cth)

Statutory Rules

1973 No. 157

REGULATIONS UNDER THE QUARANTINE ACT 1908-1969.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Quarantine Act 1908-1969.

Dated this twenty-third day of August, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

D. EVERINGHAM

Minister of State for Health.

Amendments of the Quarantine (Plants) Regulations

Commencement.

1. These Regulations shall come into operation on 1st September, 1973.

Interpretation.

2. Regulation 3 of the Quarantine (Plants) Regulations is amended by omitting sub-regulation (1) and substituting the following sub-regulations:—

“ (1) In these Regulations, unless the contrary intention appears—

‘ approved place ’ means a place approved under section 46a of the Act;

‘ Chief Quarantine Officer ’ means a Chief Quarantine Officer for the Plant Division of Quarantine;

‘ consignment ’ means a consignment of goods of the same kind, or of related kinds, discharged at one port, at one time, from one vessel for one importer;

‘ container system unit ’ means a container (including a lift-van or a tank but not including a vehicle)—

(a) designed for repeated use as a unit of cargo-handling equipment in the transport of goods by ships or aircraft specially constructed, adapted or equipped for the handling and carrying of containers of the kind to which the container belongs in the course of a transportation system in which goods are transported to, in and from the ship or aircraft in containers of that kind; and

* Notified in the Australian Government Gazette on 24 August 1973

  Statutory Rules 1935, No 91, as amended by Statutory Rules 1936, No 36; 1937, Nos. 30 and 116; 1939, Nos. 20 and 49; 1940, No. 43; 1948, Nos. 63 and 92; 1950, Nos. 27 and 78; 1953, No. 4; 1954, No. 3; 1955, No. 71, 1956, Nos. 24 and 66; 1957, No 75, 1959, No .73, 1961, No. 29; 1963, No 110; 1964, No. 117; 1965, No. 82; 1966, No 13; 1967, No 45, 1968, No 86, and 1969 No 106.

(b) fitted with devices to permit its ready handling in the course of that system,

and includes normal accessories and equipment of such a container when used or transported with the container;

‘ examination ’ includes inspection;

‘ goods ’ includes plants and plant products;

‘ Government nursery ’ means a nursery operated by the Government of a State or of the Commonwealth, whether or not it forms part or the whole of a quarantine station;

‘ holding space ’ means a two or three-dimensional space used, or intended for use, exclusively for holding goods performing quarantine in Australia;

‘ importer ’ includes owner or consignee or the agent for either;

‘ plant product ’ means any processed material that is wholly or partly of plant origin, but does not include material that has been so processed as to preclude the reasonable possibility that it may harbour a quarantinable disease, a disease affecting animals or plants or a pest;

‘ proclaimed port ’ means a port declared by Proclamation under section 13 of the Act to be a first port of entry for oversea vessels or to be a port where imported animals and plants or any particular kinds of animals or plants may be landed;

‘ service ’ means a service rendered by a quarantine officer;

‘ the Act ’ means the Quarantine Act 1908-1969; and

‘ the Director ’ means the Director of Quarantine.

“ (1a) For the purposes of these Regulations, goods shall be deemed to be diseased if they are in a deteriorated or abnormal condition, whether or not that condition is dependent on the presence of, or is due to the operation, development, growth or effect of, a disease.”.

Importer’s notice.

3. Regulation 4 of the Quarantine (Plants) Regulations is amended by omitting the words “ Form Q.-P.1, which shall be printed on pink paper ” and substituting the words “ a form approved by the Director ”.

Timber— Importer’s notice.

4. Regulation 5 of the Quarantine (Plants) Regulations is amended by omitting the words “ Form Q.-P.2, which shall be printed on blue paper ” and substituting the words “ a form approved by the Director ”.

5. Regulations 6, 7, 7a, 7b, 7c and 7d of the Quarantine (Plants) Regulations are repealed and the following regulation is substituted:—

Fees for services.

“ 6. (1) Subject to this regulation, the fee for a service specified in an item in the table in the Second Schedule is the fee, or the appropriate fee, set out in that item.

“ (2) Where a service in respect of which a fee is payable under item 8 or 9 of the Second Schedule 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, equal to one-half of the amount of the fee applicable to that service under the Second Schedule, shall be paid in respect of that service to the Commonwealth.

“ (3) Where a service in respect of which a fee is payable under item 13 or 20 of the Second Schedule 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, equal to an amount of one-half of the amount payable in respect of each hour, or part of an hour of the total of the periods worked by every person rendering that service after official hours or on a Sunday, Saturday or holiday, shall be paid in respect of that service to the Commonwealth.

“ (4) Where a service is, at the request of the person by whom the fee is payable, performed at a place other than a quarantine station or an approved place an additional fee of Five dollars shall be paid in respect of that service to the Commonwealth.

“ (5) A fee is payable under item 7 of the Second Schedule in respect of the examinations of each sample of seed taken from a consignment.

“ (6) Subject to sub-regulation (7), a fee under this regulation with respect to goods is payable—

(a) where goods have been imported into Australia—by the importer; or

(b) in any other case—by the owner of the goods.

“ (7) A fee for the supervision of the performance of quarantine by goods in a holding space at an approved place is payable by the person in control of the approved place.

“ (8) This regulation does not apply to or in relation to goods imported into Australia that are—

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

(b) 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.”.

Permit to deliver.

6.Regulation 8 of the Quarantine (Plants) Regulations is amended by omitting the words “ Form Q.-P.3, which shall be printed on white paper ” and substituting the words “ a form approved by the Director ”.

Delivery into quarantine and interstate transfer.

7. Regulation 10 of the Quarantine (Plants) Regulations is amended by omitting the words “ Form Q.-P.4, which shall, with the order, be printed on yellow paper ” and substituting the words “ a form approved by the Director ”.

Importation of fodder.

8. Regulation 27 of the Quarantine (Plants) Regulations is amended by omitting from sub-regulation (1) the words “ which shall not be landed except in compliance with Regulation No. 67 of the Quarantine (Animals) Regulations (S.R. 1935 No. 71) ”.

First Schedule.

9. The First Schedule to the Quarantine (Plants) Regulations is amended by omitting Forms Q.-P.1, Q.-P.2, Q.-P.3 and Q.-P.4.

Second Schedule.

10. The Second Schedule to the Quarantine (Plants) Regulations is repealed and the Schedule set out in Schedule 1 substituted.

Application.

11. (1) Subject to sub-regulations (2) and (3), these Regulations, insofar as they fix fees for quarantine services apply, in relation to a service that commenced on or after the date of commencement of these Regulations.

(2) These Regulations, insofar as they fix fees for a quarantine service described in item 7 of the Schedule to the Quarantine (Plants) Regulations substituted by regulation 10, apply in relation to a service that commenced on or after 1st October, 1973.

(3) These Regulations, insofar as they fix fees for a quarantine service described in item 14, 15 or 16 of the Schedule to the Quarantine (Plants) Regulations substituted by regulation 10, apply in relation to a service that commenced on or after 1st January, 1974.

SCHEDULE 1

“ SECOND SCHEDULE Regulation 6

TABLE OF FEES

Item No.	Service	Fee
1	Examination of a consignment of goods, being motor vehicles or trailers—
consignment including not more than 5 units...............	$2.00
consignment including more than 5 units....................	$2.00 plus an amount calculated at the rate of $0.30 per unit in excess of 5 units
2	Examination of a consignment of goods, being machinery or other equipment but not being or including a motor vehicle or trailer—
consignment including not more than 5 units...............	$2.00
consignment including more than 5 units....................	$2.00 plus an amount calculated at the rate of $0.30 per unit in excess of 5 units
3	Examination of a consignment of timber (not including plywood or veneers)—
consignment not exceeding 10,000 super feet..............	$2.00
consignment exceeding 10,000 super feet...................	$2.00 plus an amount calculated at the rate of $0.20 per 1,000 super feet, or part thereof, in excess of 10,000 super feet
4	Examination of a consignment of goods, being plant products or seeds—
consignment not exceeding 5 tons..............................	$10.00
consignment exceeding 5 tons but not exceeding 20 tons	$2.00 per ton or part of a ton
consignment exceeding 20 tons but not exceeding 2,000 tons............................................................................	$40.00 plus an amount calculated at the rate of $0.30 per ton, or part of a ton
consignment exceeding 2,000 tons but not exceeding 8,000 tons.....................................................................	$640.00 plus an amount calculated at the rate of $0.04 per ton, or part of a ton, in excess of 2,000 tons
consignment exceeding 8,000 tons.............................	$880.00 plus an amount calculated at the rate of $0.02 per ton, or part of a ton, in excess of 8,000 tons
5	Examination (including preliminary fumigation or other preliminary treatment and delivery to an approved place or Government nursery) of a consignment of plants, being bulbs, corms, rhizomes or tubers—
consignment not exceeding 80 plants..........................	$8.00
consignment exceeding 80 plants...............................	$8.00 plus an amount calculated at the rate of $0.10 per lot of 4 plants, or part of a lot of 4 plants, in excess of 80 plants
6	Examination (including preliminary fumigation or other preliminary treatment and delivery to an approved place or Government nursery) of a consignment of plants, not being bulbs, corms, rhizomes or tubers—
consignment not exceeding 20 plants..........................	$8.00
consignment exceeding 20 plants...............................	$8.00 plus an amount calculated at the rate of $0.10 per plant in excess of 20 plants

Second Schedule—continued

Item No.	Service	Fee
7	Examination of samples of seed taken from a consignment—
consignment not exceeding 200 bags..........................	$10.00
consignment exceeding 200 bags................................	$10.00 plus an amount calculated at the rate of $2.00 per 100 bags, or part of 100 bags, in excess of 200 bags
8	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	$0.40 per container system unit
9	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	$2.00
consignment exceeding 2 but not exceeding 10 container system units	$0.80 per container system unit
consignment exceeding 10 but not exceeding 25 container system units	$8.00 plus an amount calculated at the rate of $0.60 per container system unit in excess of 10 container system units
consignment exceeding 25 container system units	$17.00 plus an amount calculated at the rate of $0.50 per container system unit in excess of 25 container system units
10	Examination for quarantine purposes of goods in a consignment, being an examination for which a fee is not elsewhere specified in this table—
consignment not exceeding 20 units...........................	$2.00
consignment exceeding 20 units but not exceeding 400 units	$0.10 per unit
consignment exceeding 400 units...............................	$40.00
11	Fumigation in tanks with a capacity not exceeding 100 cubic feet of a consignment of goods	$2.00 plus an amount calculated at the rate of $0.20 per cubic foot, or part of a cubic foot, of goods fumigated
12	Fumigation in tanks with a capacity exceeding 100 cubic feet of a consignment of goods—
for a period not exceeding 24 hours............................	$12.00 plus an amount calculated at the rate of $10.00 per 100 cubic feet, or part of 100 cubic feet, of goods fumigated
for a period exceeding 24 hours..................................	$12.00 plus an amount calculated at the rate of $16.00 per 100 cubic feet, or part of 100 cubic feet, of goods fumigated
13	Fumigation of a consignment of goods by methods not involving the use of tanks...................................................................	$10.00 plus an amount calculated at the rate of $6.00 for each hour, or part of an hour, of the total of the periods worked by every person engaged in the fumigation

Second Schedule—continued

Item No.	Service	Fee
14	Supervision of the performance of quarantine by goods (other than plants) in a holding space at an approved place—
where the volume of the holding space does not exceed the volume of 5 tons 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...................................	$20.00
exceeding 6 months.........................................	$40.00 or $20.00 plus an amount calculated at the rate of $3.40 per month or part of a month, in excess of 6 months, whichever is the lesser amount
where the volume of the holding space exceeds the volume of 5 tons of any of the goods performing quarantine but does not exceed the volume of 10 tons 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...................................	$30.00
exceeding 6 months.........................................	$30.00 plus an amount calculated at the rate of $5.00 per month, or part of a month, in excess of 6 months
where the volume of the holding space exceeds the volume of 10 tons of any of the goods performing quarantine but does not exceed the volume of 100 tons 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...................................	$40.00
exceeding 6 months.........................................	$80.00 or $40.00 plus an amount calculated at the rate of $6.70 per month, or part of a month, in excess of 6 months, whichever is the lesser amount
where the volume of the holding space exceeds the volume of 100 tons 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...................................	$60.00
exceeding 6 months.........................................	$60.00 plus an amount calculated at the rate of $10.00 per month, or part of a month, in excess of 6 months
15	Supervision of the performance of quarantine by plants (other than bulbs, corms, rhizomes or tubers) in a holding space at an approved place—
where the area of the holding space does not exceed 100 sq ft and quarantine is performed (whether by the same or different plants) in the holding space for a continuous period—
not exceeding 6 months...................................	$30.00
exceeding 6 months.........................................	$30.00 plus an amount calculated at the rate of $5.00 per month, or part of a month, in excess of 6 months

Second Schedule—continued

Item No.	Service	Fee
15 cont’d	where the area of the holding space exceeds 100 sq ft and quarantine is performed (whether by the same or different plants) in the holding space for a continuous period—
not exceeding 6 months...................................	$30.00 plus an amount calculated at the rate of $5.00 per 100 sq ft, or part of 100 sq ft, of the area of the holding space in excess of 100 sq ft
exceeding 6 months.........................................	$30.00 plus an amount calculated at the rate of $5.00 per month, or part of a month, in excess of 6 months and a further amount calculated at the rate of $10.00 per 100 sq ft, or part of 100 sq ft, of the area of the holding space in excess of 100 sq ft
16	Supervision of the performance of quarantine by plants, being bulbs, conns, rhizomes or tubers, in a holding space at an approved place—
where the area of the holding space does not exceed 400 sq ft and quarantine is performed (whether by the same or different plants) in the holding space for a continuous period—
not exceeding 6 months...................................	$30.00
exceeding 6 months.........................................	$30.00 plus an amount calculated at the rate of $5.00 per month, or part of a month, in excess of 6 months
where the area of the holding space exceeds 400 sq ft and quarantine is performed (whether by the same or different plants) in the holding space, for a continuous period—
not exceeding 6 months...................................	$30.00 plus an amount calculated at the rate of $5.00 per 400 sq ft, or part of 400 sq ft, of the area of the holding space in excess of 400 sq ft
exceeding 6 months.........................................	$30.00 plus an amount calculated at the rate of $5.00 per month, or part of a month, in excess of 6 months and a further amount calculated at the rate of $10.00 per 400 sq ft, or part of 400 sq ft, of the area of the holding space in excess of 400 sq ft
17	Supervision of the performance of quarantine by goods in a consignment of goods, being a service to which none of the last three preceding items applies	$4.00 per consignment
18	Treatment of a consignment of goods in ovens—
for a period not exceeding 24 hours.................................	$2.00 plus an amount calculated at the rate of $0.20 per cubic foot, or part of a cubic foot, of goods treated

Second Schedule—continued

Item No.	Service	Fee
18 cont’d	for a period exceeding 24 hours......................................	$2.00 plus an amount calculated at the rate of $0.30 per cubic foot, or part of a cubic foot, of goods treated
19	Care of a consignment of plants performing quarantine at a Government nursery—
Plants (other than bulbs, conns, rhizomes or tubers).....	$16.00 plus an amount calculated at the rate of $0.20 per plant
Bulbs, conns, rhizomes or tubers—

where the consignment does not exceed 300 plants	$16.00 plus an amount calculated at the rate of $0.20 per bulb, corm, rhizome or tuber
where the consignment exceeds 300 plants........	$76.00 plus an amount calculated at the rate of $0.10 per bulb, corm, rhizome or tuber in excess of 300
20	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	$6.00 for each hour, or part of an hour, of the total of the periods worked by every person rendering the service ”.