Quarantine Amendment Proclamation 1999 (No. 2)

Administered by Department of Agriculture

Legislation au F1999B00236 Not in force Legislative Instrument

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Quarantine Act 1908

I, WILLIAM PATRICK DEANE, Governor General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make this Proclamation under sections 5, 12, 13 and 14 of the Quarantine Act 1908.

Signed and sealed with the Great Seal of Australia
on 22 September 1999

WILLIAM DEANE
Governor-General

By His Excellency’s Command,

WARREN TRUSS

Minister for Agriculture, Fisheries and Forestry

Quarantine Amendment Proclamation 1999 (No. 2)

made under the

Quarantine Act 1908

Contents

Page

1 Name of Proclamation

2 Commencement

3 Amendment of Quarantine Proclamation 1998

Schedule 1 Amendments commencing on gazettal

Schedule 2 Amendments commencing on 1 December 1999

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Do not delete : Division placeholder

1 Name of Proclamation

This Proclamation is the Quarantine Amendment Proclamation 1999 (No. 2).

2 Commencement

This Proclamation commences as follows:

(a) on gazettal — sections 1 to 3 and Schedule 1;

(b) on 1 December 1999 — Schedule 2.

3 Amendment of Quarantine Proclamation 1998

Schedules 1 and 2 amend the Quarantine Proclamation 1998.

Schedule 1 Amendments commencing on gazettal

Do not delete : Schedule Part placeholder

(section 3)

[1] After subsection 38 (3), before the table

insert

(3A) For the table, meat and meat product have the same meanings as in section 39.

[2] Section 43, heading

substitute

43 Importation of fish of family Salmonidae or Plecoglossidae

[3] Subsection 43 (1)

omit

family Salmonidae,

insert

family Salmonidae or Plecoglossidae,

[4] Subsection 43 (2)

omit

family Salmonidae

insert

family Salmonidae or Plecoglossidae

[5] Paragraph 43 (3) (a)

omit

that family; or

insert

those families; or

[6] Paragraph 43 (3) (b)

omit

smoked salmon:

insert

smoked fish of those families:

[7] Subsection 43 (4)

omit

salmon products

insert

products of fish of those families

[8] Subsection 43 (5)

omit

that family

insert

those families

[9] Section 53, heading

substitute

53 Importation of fish of family Salmonidae or Plecoglossidae

[10] Subsection 53 (1)

omit

family Salmonidae,

insert

family Salmonidae or Plecoglossidae,

[11] Subsection 53 (2)

omit

family Salmonidae

insert

family Salmonidae or Plecoglossidae

[12] Paragraph 53 (3) (a)

omit

that family; or

insert

those families; or

[13] Paragraph 53 (3) (b)

omit

smoked salmon:

insert

smoked fish of those families:

[14] Subsection 53 (4)

omit

salmon products

insert

products of fish of those families

[15] Subsection 53 (5)

omit

that family

insert

those families

Schedule 2 Amendments commencing on 1 December 1999

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(section 3)

[1] Section 3, definition of fish

substitute

fish means an elasmobranch or a teleost.

[2] After subsection 31 (2)

insert

Note Table 11A follows subs 29 (2).

[3] Subsection 37 (1)

omit

[4] Subsections 37 (2), (3) and (4)

renumber as subsections (1), (2) and (3)

[5] Subsections 37 (2) and (3), as renumbered by item [4]

omit

subsection (2)

insert

subsection (1)

[6] After subsection 38 (3A), before the table

insert

(3B) For the table:

Competent Authority means a body recognised as the Competent Authority for a country by a Director of Quarantine under section 38A; and

exclusive economic zone has the meaning given in subsection 3 (1) of the Seas and Submerged Lands Act 1973.

(3C) For item 25C in the table, a consumer ready product is a product that is processed to reduce the probability that the importation of the product will lead to the introduction or spread of a disease or pest to an acceptably low level.

[7] Table 13, item 15

substitute

15 Elasmobranch fish, dried (other than fish meal), if free from insects, soil and other debris

Note For the importation of fish and crustacean meal, see s 44 and 54.

[8] Table 13, item 16

substitute

16 Elasmobranch fish, processed, (including fish fingers, fish cakes and fish balls, but excluding fish meal), if containing less than 10% egg content and fit for human consumption

Note For the importation of fish and crustacean meal, see s 44 and 54.

[9] Table 13, item 25

substitute

25 Dead elasmobranch fish or fish parts, other than dried fish, fish meal, and processed fish, if non-viable and clean

Note For the importation of fish and crustacean meal, see s 44 and 54.

[10] Table 13, after item 25

insert

25A Teleost fish, other than fish of the family Salmonidae or Plecoglossidae, if:

(a) the fish was caught in the New Zealand exclusive economic zone or in adjacent international waters by fishers approved or registered under controls administered by an authority of the government of New Zealand; and

(b) the fish is accompanied by a certificate from the Competent Authority for New Zealand certifying that the fish was caught in the New Zealand exclusive economic zone or adjacent international waters

Note For the importation of fish and particular products of fish of the family Salmonidae or Plecoglossidae, see s 43 and 53.

25B Teleost fish, other than fish of the family Salmonidae or Plecoglossidae or teleost fish mentioned in item 25A, if the consignment is accompanied by a health certificate from the Competent Authority of the exporting country stating that the fish:

(a) was processed in premises approved by and under the control of the Competent Authority; and

(b) is eviscerated; and

(d) is free from visible lesions associated with infectious diseases; and

(e) has had its head and gills removed and its internal and external surfaces thoroughly washed

Note For the importation of fish and particular products of fish of the family Salmonidae or Plecoglossidae, see s 43 and 53.

25C Teleost fish products, other than products of fish of the family Salmonidae or Plecoglossidae, if wholly or partly of teleost origin, intended for human consumption and a consumer ready product

Note 1 For the importation of fish and particular products of fish of the family Salmonidae or Plecoglossidae, see s 43 and 53.

Note 2 Consumer ready product is defined in subs 38 (3C).

Note 3 Examples of consumer ready teleost fish products are:

(a) cutlets, including the central bone and external skin but excluding fins, and of a maximum weight of 450 grams

(b) skinless fillets, excluding the belly flap and all bones except the pin bones

(d) eviscerated, headless, ‘pan-size’ fish of a maximum weight of 450 grams

(e) a product that is processed further than the stage described in para (a) to (d).

[11] After section 38

insert

38A Competent Authorities

(1) A Director of Quarantine may declare, in writing, that a body of a country is recognised as the Competent Authority for a country if the body is responsible for export certification for goods exported from that country.

(2) A Director of Quarantine may revoke, in writing, a declaration made under subsection (1) for a body of a country if the body ceases to be responsible for export certification for goods exported from that country.

[12] Subsection 47 (1)

substitute

(1) The importation into the Cocos Islands of a live animal by a person is prohibited unless a Director of Quarantine has granted the person a permit to import it into the Cocos Islands.

Note For what a Director of Quarantine must consider when deciding whether to grant such a permit, see Pt 8.

[13] Subsection 47 (2)

omit

[14] Subsections 47 (3) and (4)

renumber as subsections 47 (2) and (3)

[15] Subsections 47 (2) and (3), as renumbered by item [14]

omit

subsection (2)

insert

subsection (1)

[16] Subsection 47 (5)

omit

[17] Schedule 6, note

omit

Overview

The Quarantine Amendment Proclamation 1999 (No. 2) was enacted under the Quarantine Act 1908 to address issues related to the importation of fish, particularly those of the families Salmonidae and Plecoglossidae, and to establish clearer definitions and regulations concerning the importation of fish and fish products into Australia. This proclamation was made by the Governor General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and signed on 22 September 1999. The policy objective of this amendment is to ensure that fish and fish products entering Australia are free from pests and diseases, thereby protecting the nation's aquatic ecosystems and public health. The amendments include changes to definitions, importation criteria, and the establishment of Competent Authorities responsible for export certification.

Scope and Application

The Quarantine Amendment Proclamation 1999 (No. 2) amends the Quarantine Proclamation 1998, which operates under the Quarantine Act 1908, to adjust regulations concerning the importation of fish and fish products into Australia. The amendment applies to all persons and entities involved in the importation of fish, particularly targeting the families Salmonidae and Plecoglossidae, as well as their products. The scope of this legislation extends to national borders, covering the entire Commonwealth of Australia, and includes territories such as the Cocos Islands. The amendment introduces specific conditions and requirements for the importation of certain fish and fish products, including definitions and criteria that must be met for approval. The changes include modifications to the definitions of terms, conditions for importing fish from specific regions, and requirements for health certifications and permits. Exclusions or exemptions within the proclamation pertain to specific types of fish and their products, particularly those that meet certain health and processing standards, as outlined in the schedules of the amendment. The proclamation also provides for the declaration and revocation of Competent Authorities, which are bodies responsible for export certification in other countries. The changes made by the proclamation are effective from the date of gazettal for some provisions and from 1 December 1999 for others.

Key Provisions

The Quarantine Amendment Proclamation 1999 (No. 2) amends the Quarantine Proclamation 1998, primarily focusing on the importation of fish, particularly those of the families Salmonidae or Plecoglossidae, and other teleost fish. Sections 1 to 3 and Schedule 1 of the Proclamation commence on gazettal, while Schedule 2 commences on 1 December 1999. The primary amendments include redefining the term "fish" to mean an elasmobranch or a teleost, expanding the scope of importation conditions to include fish of the families Salmonidae or Plecoglossidae, and introducing new conditions for the importation of teleost fish caught in the New Zealand exclusive economic zone or in adjacent international waters. Additionally, the Proclamation introduces the concept of a Competent Authority for export certification, which a Director of Quarantine may recognise or revoke based on the body's responsibility for export certification. The obligations imposed by the Quarantine Amendment Proclamation 1999 (No. 2) on parties and entities include ensuring compliance with the new conditions for the importation of fish, particularly those of the families Salmonidae or Plecoglossidae, and other teleost fish. Importers must obtain necessary permits for the importation of live animals into the Cocos Islands and adhere to the specific conditions outlined for the importation of different types of fish. These conditions include the requirement for certain fish to be accompanied by certificates from Competent Authorities, specifying the source of the fish and the conditions under which they were processed. Additionally, parties must ensure that any teleost fish caught in the New Zealand exclusive economic zone or in adjacent international waters are accompanied by the appropriate certification. Breaches of the provisions of the Quarantine Amendment Proclamation 1999 (No. 2) may result in civil or criminal penalties. The specific penalties for breaches of quarantine laws are not detailed in the text provided, but generally, such breaches can lead to fines and, in more severe cases, imprisonment. The maximum penalties would be determined by the relevant laws governing quarantine and biosecurity in Australia. Importers and other parties are expected to comply with the new requirements to avoid any legal consequences associated with non-compliance.

Area of Law: Environmental Law; Animal Law
Instrument: Legislative Instrument
Concepts: Commencement Provisions; Reporting & Disclosure Obligations; Licensing & Registration; Prohibited Conduct

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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