Quarantine Regulations 1911 (Amendment) (Provisional) (Cth)

STATUTORY RULES.

1914. No. 67.

PROVISIONAL REGULATION UNDER THE QUARANTINE 1908-1912.

I

THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Quarantine Act 1908-1912 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.

Dated this tenth day of June, One thousand nine hundred and fourteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

LITTLETON E. GROOM,

Minister for Trade and Customs.

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The Quarantine Regulations 1911 (Statutory Rules 1911, No. 121) are hereby amended by inserting the following new Regulation immediately after Regulation 114:—

114 (A)—(1.) Where any officer or officer of Customs has seized any animals as forfeited under section 68 of the Act, the officer shall forthwith give to the Director of Quarantine and the importer of the animals notice of such seizure.

(2.) The notice to the importer may be in accordance with the following form:—

 

COMMONWEALTH OF AUSTRALIA.

The Quarantine Act 1998-1912.

Notice of seizure under section 68 of the Act.

Place..........................................

Date......................................

To (a)

Take notice that (b)  has this day been seized as forfeited to His Majesty under section 68 of the above-named Act, the said animals having, in my opinion, been (c)

And take further notice that unless on show cause to the Minister for Trade and Customs within (d)  days from the date of this notice why the aforesaid forfeiture should be waived, the Minister will, immediately after the expiration of the said (d)  days, issue an order for the destruction of the said animals in accordance with the Regulations.

 

(Signature of Officer.)

(Official Designation.)

 

C.7230.—Price 3d.

(a) Here insert name of importer of animals seized.

(b) Here insert particulars of animals.

(c) Here insert “imported into Australia in contravention of this Act,” or as the case may be.

(d) Here set out period to be allowed to importer to show cause to the Minister.

 

(3.) If—

(a) the importer within the time limited in the notice of seizure fails to show cause to the Minister why the forfeiture should be waived; or

(b) the Minister is not satisfied that good cause has been shown,

the Minister may, by order in writing, direct the destruction of the animals, and they shall be destroyed accordingly.

 

(4.) If the Minister is satisfied that good cause has been shown, he may waive the forfeiture upon condition that—

(a) In cases where the prohibition is absolute, the animals are exported within such time as the Minister allows; or

(b) in cases where the importation is subject to conditions, such conditions are complied with within such time as the Minister allows; and

(c) in either case the importer, within such time as the Minister allows, pays such expenses as the Minister thinks fit to require, or gives security for such payment.

 

(5.) If the importer fails to comply with the conditions upon which the forfeiture has been waived by the Minister, such waiver shall be deemed to be void, and the Minister may, without any further or other notice, order the destruction of the animals, and they shall be destroyed accordingly.

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 Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.