EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Quarantine Act 1908
Quarantine Amendment Proclamation 2005 (No. 2)
The Quarantine Proclamation 1998 (“the Proclamation”) provides the legislative basis for controlling the entry of animals, plants and other goods of quarantine concern into Australia, and for controlling the movement of animals, plants or other goods of quarantine interest between different parts of the Australian mainland.
Subsection 13(1) of the Quarantine Act 1908 (“the Act”) provides that the
Governor-General may, by proclamation, declare or prohibit a range of matters for the purposes of the Act, including: the introduction or importation into Australia of any disease or pest or any substance, article or thing containing or likely to contain any disease or pest; the importation into Australia of any articles or things likely, in his or her opinion, to introduce, establish or spread any disease or pest; and the importation into Australia of any animals or plants or any parts of animals or plants.
Subsection 13(2) of the Act provides that the power of prohibition under section 13 of the Act extends to authorise prohibition generally, or as otherwise provided by the instrument authorising the prohibition, including prohibition either absolutely or subject to specified conditions or restrictions. Subsection 13(2A) of the Act provides that a proclamation made under subsection 13(1) of the Act may provide that the importation of a thing is prohibited unless a permit for its import is granted by a Director of Quarantine. In addition, subsection 13(2B) of the Act states that an import permit granted pursuant to a proclamation made in accordance with subsection 13(2A) may be granted subject to compliance with any conditions or requirements set out in that permit.
Section 63 of the Proclamation provides that the importation into Australia of a seed (other than a seed of a kind of plant mentioned in Schedule 5 of the Proclamation) is prohibited unless a Director of Quarantine has granted a permit for its importation. Schedule 5 of the Proclamation lists all species that have been assessed as permitted seeds. The effect of section 63 is to allow the importation of a seed species listed in Schedule 5 to Australia without an import permit.
The purpose of the Quarantine Amendment Proclamation 2005 (No. 2 ) (“the Amendment Proclamation”) is to remake the list of seeds which may be imported into Australia. Biosecurity Australia has conducted a review of Schedule 5 to the Proclamation (“the permitted seeds list”). Stage one of the review involved Biosecurity Australia consulting with stakeholders on a list of 4,003 seed species. The list was assembled by the Cooperative Research Centre for Australian Weed Management (the CRC for Weed Management). The Amendment Proclamation implements the outcomes of the review.
The Office of Regulation Review advised that a Regulation Impact Statement is not required as the amendments to Schedule 5 provided for by the Amendment Proclamation are of a minor nature.
The Act specifies no conditions that need to be met before the power to make the proposed Proclamation may be exercised.
The Amendment Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Amendment Proclamation commences on the day after it is registered on the Federal Register of Legislative Instruments.
Details of the amendments are set out below:
Section 1 provides that the name of the Amendment Proclamation is the Quarantine Amendment Proclamation 2005 (No. 2).
Section 2 provides that the Proclamation commences on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 provides that Schedule 1 amends the Quarantine Proclamation 1998.
Schedule 1 - Amendments
Item 1 substitutes Schedule 5 to the Proclamation. The effect of this amendment would be to allow the importation of a seed species listed in Schedule 5 to Australia without an import permit unless a contrary intention is expressed by excluding certain species of a particular plant genus listed in Schedule 5.
Overview
The Quarantine Amendment Proclamation 2005 (No. 2) amends the Quarantine Proclamation 1998, which provides the legislative framework for the control of the entry of animals, plants, and other goods of quarantine concern into Australia, and for controlling the movement of such goods between different parts of the Australian mainland. The 1908 Quarantine Act empowers the Governor-General to declare or prohibit the introduction or importation of diseases, pests, and certain articles or things likely to introduce, establish, or spread diseases or pests. This power can be exercised absolutely or subject to specified conditions or restrictions, including the requirement of an import permit granted by a Director of Quarantine. The Amendment Proclamation updates the list of seeds that can be imported into Australia without a permit by replacing Schedule 5 of the Proclamation with a new list resulting from a review conducted by Biosecurity Australia. This review involved consultations with stakeholders on a list of 4,003 seed species compiled by the Cooperative Research Centre for Australian Weed Management. The changes implemented by the Amendment Proclamation are considered minor, and thus a Regulation Impact Statement was not required. The Amendment Proclamation is a legislative instrument under the Legislative Instruments Act 2003 and comes into effect the day after its registration on the Federal Register of Legislative Instruments.
Scope and Application
The Quarantine Amendment Proclamation 2005 (No. 2) amends the Quarantine Proclamation 1998 to update the list of seed species that can be imported into Australia without a permit. This legislation applies to all entities and individuals seeking to import seeds into Australia, as well as those involved in the biosecurity oversight and regulation of such imports. It extends to the national jurisdiction of Australia, encompassing all states and territories. The amended list in Schedule 5 of the Proclamation identifies the species of seeds that may be imported without an import permit unless otherwise specified. The scope of the Act is extended through subordinate instruments, which include the specific conditions and requirements that may be attached to import permits granted by a Director of Quarantine. The Amendment Proclamation itself does not set out any conditions for its exercise but operates under the authority conferred by the Quarantine Act 1908. This amendment is considered minor and does not necessitate a Regulation Impact Statement. The changes are effective from the day after the Proclamation is registered on the Federal Register of Legislative Instruments.
Key Provisions
The key provisions of the Quarantine Amendment Proclamation 2005 (No. 2) primarily focus on updating the list of seed species that can be imported into Australia without a permit (section 3). This amendment is significant because it reflects the outcomes of a review conducted by Biosecurity Australia in consultation with stakeholders, including the Cooperative Research Centre for Australian Weed Management. The amendment to Schedule 5 of the Quarantine Proclamation 1998 (section 63) is implemented to ensure the list of permitted seeds is up-to-date and accurate, thus maintaining effective biosecurity measures. The amendment allows for the importation of certain seed species listed in the updated Schedule 5 without an import permit, unless specified otherwise by excluding certain species within a particular genus.
Under the Quarantine Amendment Proclamation 2005 (No. 2), the obligations for entities involved in the importation of seeds into Australia are updated to reflect the revised list of permitted seeds. Importers must ensure that any seeds they intend to bring into Australia comply with the updated Schedule 5. If a seed species is not listed in Schedule 5, an import permit must be obtained from a Director of Quarantine. This requirement is crucial for maintaining the integrity of Australia's biosecurity measures by preventing the introduction of potentially harmful pests or diseases through seed importation.
Failure to comply with the requirements of the Quarantine Amendment Proclamation 2005 (No. 2) can result in significant consequences. The Act imposes penalties for breaches of its provisions, although specific penalties are not detailed in the Amendment Proclamation itself. Generally, breaches of the Quarantine Act 1908 can lead to both civil and criminal penalties. Civil penalties can include fines, while criminal penalties may include imprisonment, reflecting the seriousness of non-compliance with biosecurity regulations designed to protect Australia's environment and agricultural industries. Importers found to be in breach of the Act may also face additional administrative actions, such as the seizure and destruction of non-compliant goods.