EXPLANATORY STATEMENT
Select Legislative Instrument No. 118, 2015
Quarantine Act 1908
Quarantine Amendment (Notification of Disease) Regulation 2015
The Quarantine Act 1908 (the Act) provides the legislative basis for human, plant and animal quarantine activities. The Quarantine Regulations 2000 (the Principal Regulations) are the legislative basis for controlling the entry of humans, animals, plants and other goods of quarantine concern into Australia.
Subsection 22(1)(a) of the Act provides for the prescribing of symptoms and diseases. Subsection 87 of the Act provides that the Governor-General may make regulations which are necessary for giving effect to the Act. Subsection 6(2) of the Principal Regulations provides for the listing of prescribed diseases.
The Quarantine Amendment (Notification of Disease) Regulation 2015 (the Amendment Regulation) amends subsection 6(2) of the Principal Regulations to add Middle East respiratory syndrome (MERS) to the list of prescribed diseases.
MERS is a coronavirus that was first identified in September 2012 and has been circulating primarily in the Middle East, causing significant morbidity and mortality in humans. As a new disease, modes of transmission and reservoirs are not yet fully understood, however it appears to be spread through close contact with an infected person.
The effect of the amendment is to ensure that appropriate measures under the Act may be taken to deal with threats to human health from MERS. Such measures include requiring the master of a vessel or aircraft to declare the presence or suspicion of an outbreak of disease, allowing for additional quarantine measures to be undertaken as appropriate.
The Act specifies no conditions that need to be satisfied before the power to make the Amendment Regulation may be exercised.
The Department of Health has consulted with the Department of Agriculture, the Department of Immigration and Border Protection, and the Office of Parliamentary Counsel in developing this amendment.
The Amendment Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Amendment Regulation commences on the day following registration on the Federal Register for Legislative Instruments.
Authority: Subsection 87 of the Quarantine Act 1908
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Quarantine Amendment (Notification of Disease) Regulation 2015
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 because it advances the protection of human rights.
This legislative instrument engages Article 2 and 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) by assisting with the progressive realisation by all appropriate means of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
The legislative instrument provides the means of protecting public health in Australia through preventing entry, emergence, establishment and spread of MERS in the Australian community.
Overview
The Quarantine Amendment (Notification of Disease) Regulation 2015 was enacted to address the emerging threat posed by Middle East respiratory syndrome (MERS), a coronavirus first identified in September 2012. This legislative amendment was introduced to bolster Australia's quarantine measures under the Quarantine Act 1908 by adding MERS to the list of prescribed diseases, thus ensuring that appropriate quarantine measures could be implemented to safeguard public health. The amendment was developed through consultation between the Department of Health, the Department of Agriculture, the Department of Immigration and Border Protection, and the Office of Parliamentary Counsel, and it is a legislative instrument for the purposes of the Legislative Instruments Act 2003. The policy objective is to prevent the entry, emergence, establishment, and spread of MERS within the Australian community, thereby protecting the public from this significant health threat.
Scope and Application
The Quarantine Act 1908 governs the legislative basis for human, plant, and animal quarantine activities in Australia. This Act, supplemented by the Quarantine Regulations 2000, controls the entry of humans, animals, plants, and other goods of quarantine concern into the country. The Act allows for the prescription of symptoms and diseases and provides the Governor-General with the authority to make regulations necessary for its enforcement. One such regulation, the Quarantine Amendment (Notification of Disease) Regulation 2015, was enacted to address the threat posed by Middle East Respiratory Syndrome (MERS) by adding it to the list of prescribed diseases under the Principal Regulations. The Amendment Regulation ensures that measures can be taken to prevent the entry and spread of MERS, including requiring declarations from the masters of vessels or aircraft regarding suspected outbreaks. This amendment reflects the ongoing commitment to safeguarding public health by addressing emerging health threats. The Act applies nationally, affecting all persons, entities, and industries involved in the importation of goods or the movement of people into Australia. There are no specified exclusions, exemptions, or thresholds in the Act or the Amendment Regulation regarding who or what is covered. The scope of application may be further extended or restricted through subordinate instruments made under the authority of the Act.
Key Provisions
The Quarantine Amendment (Notification of Disease) Regulation 2015 primarily amends the existing Quarantine Regulations 2000 by adding Middle East Respiratory Syndrome (MERS) to the list of prescribed diseases under subsection 6(2) (section 2). This amendment is enacted to ensure that Australia can implement appropriate measures to mitigate the risks posed by MERS, a newly identified coronavirus that has caused significant health concerns in the Middle East. The main objective is to enhance the ability of the authorities to control and respond to potential outbreaks of MERS by requiring masters of vessels or aircraft to declare any presence or suspicion of an outbreak (section 2). This declaration will enable the government to take timely and necessary quarantine measures to safeguard public health.
Under the Quarantine Act 1908, the Amendment Regulation imposes specific obligations on parties involved in the entry of humans, animals, plants, and goods into Australia. Masters of vessels or aircraft are mandated to declare the presence or suspicion of MERS, thereby facilitating early detection and response (section 2). The Department of Health, in coordination with other relevant departments, has the responsibility to implement and enforce these regulations to ensure compliance and effective quarantine measures. The Principal Regulations continue to govern the broader scope of quarantine activities, including the control of entry of potentially harmful entities into Australia.
Failure to comply with the requirements of the Quarantine Amendment (Notification of Disease) Regulation 2015 can result in serious consequences. Although specific penalties are not detailed within the explanatory statement, breaches of the Quarantine Act 1908 can generally lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can involve imprisonment, reflecting the severity of non-compliance with quarantine regulations. The exact penalties for breaching these specific provisions would be in accordance with the broader legislative framework provided by the Quarantine Act 1908.