Quarantine Amendment Proclamation 2002 (No. 1)
I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, make this Proclamation under sections 12 and 13 of the Quarantine Act 1908.
Signed and sealed with the
Great Seal of Australia
on 27 November 2002
PETER HOLLINGWORTH Governor-General
By His Excellency’s Command
WARREN TRUSS
Minister for Agriculture, Fisheries and Forestry
1 Name of Proclamation
This Proclamation is the Quarantine Amendment Proclamation 2002 (No. 1).
2 Commencement
This Proclamation commences on gazettal.
3 Amendment of Quarantine Proclamation 1998
Schedule 1 amends the Quarantine Proclamation 1998.
Schedule 1 Amendments
(section 3)
[1] Reader’s guide, paragraph 4.1, Table
omit
Yes (but note that the Territory is treated as separate from Australia — if a provision of the Act refers only to Australia, s 6 (2) operates to exclude the Territory from the provision)
insert
Yes — see s 6
[2] Section 21, Table 9, after item 3
insert
[3] Subparagraphs 28 (2) (c) (ii), (iii) and (iv)
substitute
(ii) is imported into Australia (whether personally or by post) by someone who intends to use it for his or her own personal therapeutic use; and
(iii) if imported, would not result in him or her having imported (whether personally or by post) more than 3 months’ supply in normal use during any 3 month period; and
(iv) is not prohibited from being imported under Part 7 (other than an article that contains bee pollen, ganoderma or slippery elm bark); and
(v) is commercially prepared and packaged and in a form that indicates it has been processed to prevent it being infected or contaminated by a quarantinable disease;
[4] Paragraph 28 (2) (d)
omit
Proclamation;
insert
Proclamation.
[5] Paragraph 28 (2) (e)
omit
[6] Subparagraphs 30 (2) (c) (ii), (iii) and (iv)
substitute
(ii) is imported into the Cocos Islands (whether personally or by post) by someone who intends to use it for his or her own personal therapeutic use; and
(iii) if imported, would not result in him or her having imported (whether personally or by post) more than 3 months’ supply in normal use during any 3 month period; and
(iv) is not prohibited from being imported under Part 7 (other than an article that contains bee pollen, ganoderma or slippery elm bark); and
(v) is commercially prepared and packaged and in a form that indicates it has been processed to prevent it being infected or contaminated by a quarantinable disease;
[7] Paragraph 30 (2) (d)
omit
Proclamation;
insert
Proclamation.
[8] Paragraph 30 (2) (e)
omit
[9] Subsection 38 (3)
omit
[10] Paragraph 40 (2) (g)
omit
consumption and are imported through the international postal system or by a person entering Australia at an airport;
insert
consumption;
[11] Paragraph 40 (2) (i)
omit
consumption and are imported through the international postal system or by a person entering Australia at an airport.
insert
consumption.
[12] Subsection 48 (3)
omit
[13] Paragraph 50 (2) (g)
omit
consumption and are imported through the international postal system or by a person entering the Cocos Islands at an airport;
insert
consumption;
[14] Paragraph 50 (2) (i)
omit
consumption and are imported through the international postal system or by a person entering the Cocos Islands at an airport.
insert
consumption.
[15] Schedule 2
after
Guinea
insert
Ivory Coast
[16] Schedule 5
omit
Acacia julerifera ssp. gilbertensis
[17] Schedule 5
omit
Acacia julifera ssp. curniveria
Acacia julifera ssp. julifera
insert
Acacia julifera Benth.
Acacia julifera ssp. curvinervia (Maiden) L. Pedley
Acacia julifera ssp. gilbertensis Pedley
[18] Schedule 5
omit
Acacia kimberleyenesis
insert
Acacia kimberleyensis W.Fitzg.
[19] Schedule 5
omit
Acaena novac-zelandiae
insert
Acaena novae-zelandiae Kirk
[20] Schedule 5
omit
Berberis thunbergii var. Bailone
Berberis thunbergii var. Bailtwo
insert
Berberis thunbergii var. ‘Bailone’
Berberis thunbergii var. ‘Bailtwo’
[21] Schedule 5
omit
Elscholtzia ciliata
Elsholtzia stautonii
insert
Elsholtzia ciliata (Thunb.) Hyl.
Elsholtzia stauntonii Benth.
[22] Schedule 5
omit
Halimiocistus wimtonensis
insert
Halimiocistus wintonensis E F Warb
[23] Schedule 5
omit
Halocarpus biwillii
insert
Halocarpus bidwillii (Hook.f.ex Kirk) Quinn
[24] Schedule 5
omit
Neocardebasia herzogiana
Neocardenasia herzogiana
insert
Neocardenasia herzogiana Backeb.
[25] Schedule 5
after
Willughbeia spp.
insert
Willoughbeia spp.
[26] Schedule 5
omit
Xanthostemon longpipes
insert
Xanthostemon longipes Guillaumin
Overview
The Quarantine Amendment Proclamation 2002 (No. 1) was enacted under sections 12 and 13 of the Quarantine Act 1908 to address the need for updating and refining the regulations concerning the importation of goods and materials into Australia. This amendment was made to ensure that the legislative framework remains effective in preventing the introduction and spread of pests and diseases, particularly in light of evolving threats and changes in international trade practices. The proclamation was signed by the Governor-General, Peter John Hollingworth, and issued by the Minister for Agriculture, Fisheries and Forestry, Warren Truss. The primary policy objective of this amendment was to enhance the biosecurity measures by clarifying and updating the list of prohibited and restricted items, thereby providing a more robust legal foundation for enforcing quarantine regulations.
The Quarantine Amendment Proclamation 2002 (No. 1) specifically targets several amendments to the Quarantine Proclamation 1998. It introduces new entries into the list of quarantinable diseases, modifies the conditions under which certain items may be imported for personal therapeutic use, and updates the list of prohibited and restricted items to reflect current scientific and trade considerations. By making these amendments, the proclamation aims to ensure that Australia's borders are adequately protected against potential biological threats while facilitating legitimate trade and travel.
Scope and Application
The Quarantine Amendment Proclamation 2002 (No. 1) amends the Quarantine Proclamation 1998, applying to individuals, entities, and transactions involving the import and export of goods across Australia's borders. This legislation primarily targets the control and regulation of the movement of goods to prevent the introduction and spread of quarantinable diseases and pests. The proclamation applies to the Commonwealth of Australia, including its territories, and is effective immediately upon gazettal. It modifies existing provisions to include new entries such as smallpox, and specifies conditions under which certain items may be imported for personal therapeutic use, provided they are not in quantities exceeding a three-month supply and are not prohibited under relevant parts of the Act. The proclamation also updates various schedules to correct botanical names and add new entries, such as Ivory Coast to the list of countries, and adjusts nomenclature for certain plant species.
The scope of the proclamation is extended through subordinate instruments, which may further define and regulate the implementation of the amended provisions. While the primary focus is on preventing the introduction of harmful organisms through the importation of goods, there are specific exemptions and conditions outlined for certain items, such as personal therapeutic use of goods that meet specified criteria. The proclamation does not explicitly state exclusions beyond those already mentioned, but its application is inherently limited by the conditions and exemptions it provides. This ensures that while stringent controls are in place, reasonable allowances are made for personal use and specified commercial activities.
Key Provisions
The Quarantine Amendment Proclamation 2002 (No. 1) amends the Quarantine Proclamation 1998, introducing specific changes to the legislative framework concerning quarantine regulations in Australia. The proclamation itself is straightforward, beginning with its name and effective date, which is the date of its gazettal. The main operative sections of the amendment are outlined in Schedule 1, which specifically modifies certain provisions to refine the criteria for importing therapeutic goods into Australia and the Cocos (Keeling) Islands. For instance, section 21 of the amendment adds smallpox to the list of quarantinable diseases, ensuring that any imported therapeutic goods related to smallpox must meet stringent criteria to be deemed acceptable for use.
The obligations imposed by this proclamation are primarily concerned with ensuring the safety and quality of therapeutic goods imported into Australia and the Cocos (Keeling) Islands. Importers must adhere to the specified conditions under subparagraphs 28(2)(c)(ii) to (v) and 30(2)(c)(ii) to (v), ensuring that any therapeutic goods imported are for personal use, do not exceed a three-month supply, are not prohibited, and are commercially prepared and packaged to prevent infection or contamination. Additionally, any therapeutic goods imported into the Cocos (Keeling) Islands must also meet similar criteria, ensuring a consistent approach to quarantine regulations across different territories.
Breach of the provisions outlined in the Quarantine Amendment Proclamation 2002 (No. 1) can lead to significant legal consequences. While the proclamation itself does not specify the exact penalties for non-compliance, it is reasonable to infer that breaches of quarantine regulations could result in both civil and criminal penalties. Civil penalties may include fines or other financial penalties, while criminal penalties could involve imprisonment, reflecting the serious nature of ensuring public health and safety through effective quarantine measures. The specific maximum penalties would be detailed in the primary legislation, the Quarantine Act 1908, but the overarching principle is that strict compliance is mandatory to avoid severe repercussions.