EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Quarantine Act 1908
Quarantine Amendment Proclamation 2006 (No. 3)
The Quarantine Proclamation 1998 (‘the Quarantine 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, in part, that the
Governor-General may, by proclamation, declare or prohibit a range of matters for the purposes of the Act. The range of matters that the Governor-General may prohibit includes the introduction or importation into Australia, Christmas Island or the Cocos Islands of any disease or pest or any substance, article or thing containing or likely to contain any disease or pest; the importation into Australia, Christmas Island or the Cocos Islands 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, Christmas Island or the Cocos Islands of any animals or plants or any parts of animals or plants. The range of matters which the Governor-General may declare includes ports where particular kinds of imported goods may be landed.
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.
The Quarantine Amendment Proclamation 2006 (No. 3):
- amends section 3 of the Quarantine Proclamation to remove the definition of ‘canned’, and insert a definition of ‘retorted’. All other references to ‘canned’ have been replaced with ‘retorted’;
- amends the definition of ‘hermetically sealed container’ in section 3 to correct minor grammatical errors;
- amends section 29 of the Quarantine Proclamation to prescribe a starter culture which may be imported without an import permit;
- replaces item 6A in table 13 in section 38 of the Quarantine Proclamation, to vary the conditions under which certain rawhide articles may be imported without an import permit;
- amends the Quarantine Proclamation to correct the spelling of ‘gelatin’ to reflect the Macquarie Dictionary spelling of ‘gelatine’;
- amends Schedule 3 of the Quarantine Proclamation to vary the types of quarantinable animal diseases; and
- amends sections 11 and 13B of the Quarantine Proclamation to permit changes to the kinds of goods (animals, plants and other items) that may be landed at certain ports.
No consultation has occurred on these amendments because they are of a minor or machinery nature and do not substantially change the law.
The Quarantine Amendment Proclamation 2006 (No. 3) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Quarantine Amendment Proclamation 2006 (No. 3) 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 Proclamation is the Quarantine Amendment Proclamation 2006 (No. 3).
Section 2 provides that the proposed 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 (‘the Quarantine Proclamation’).
Schedule 1 - Amendments
Items 1 to 3 amend definitions in section 3. Item 1 removes the definition of ‘canned’ and item 3 inserts a definition of ‘retorted’. The purpose of these amendments is to recognise that products sealed in a can have not always been retorted. The effect of this amendment is to clarify that while canning often includes heating, that not all products sealed in a can have been heated for a period, and to a temperature, sufficient to make the contents commercially sterile. Accordingly, the amendment makes clear that the retorting process may include canning, but also requires heat treatment for a period, and to a temperature, sufficient to make the contents commercially sterile. Item 2 specifically amends the definition of ‘hermetically sealed container’ to correct grammatical errors. The amendments to these items are for clarification purposes only.
Item 4 inserts a new item in table 4 of section 11 of the Quarantine Proclamation. The effect of this new item is to allow domestic cats and dogs from New Zealand to be landed at Coolangatta Airport. The quarantine risk for domestic dogs and cats from New Zealand is low, an AQIS import permit is not required, and there is no quarantine period.
Item 5 inserts a new item in table 6D of section 13B of the Quarantine Proclamation. The effect of the new item is to allow imported goods (other than animals or plants) that are personal effects, as accompanied passenger baggage, may be landed at Coolangatta Airport.
Item 6 inserts a new item in table 11A of section 29 of the Quarantine Proclamation. The effect of the new item is to allow ‘Rhizopus spp.’ (tempeh cultures) to be imported into Australia without an import permit provided it is not contained in a milk-based carrier, and is intended for the uses set out in subsection 29(2). Rhizopus spp. is considered to be of low quarantine concern.
Item 7 replaces item 6A in table 13 of section 38 of the Quarantine Proclamation with new item 6A. The effect of the new item is to allow rawhide articles to be imported without an import permit provided the conditions set out in the new item 6A are complied with. This amendment widens the category of rawhide articles which can be imported without an import permit from ‘traditional Balinese puppets’ to include all rawhide articles provided the conditions specified in item 6A are complied with. The conditions set out in the new item restrict the importation of rawhide articles to those which are intended for the personal use of the person seeking to import them. The conditions also require that the article be imported with no more than 4 other rawhide articles and that they must be treated to address any quarantine risk prior to being released from quarantine.
Item 8 corrects the spelling of ‘gelatin’ in section 38 of the Quarantine Proclamation to the Macquarie Dictionary spelling of ‘gelatine’.
Items 9 and 10 remove the reference to ‘canned’ and insert ‘retorted’ in items 29 & 30 of table 13 in section 38. The purpose of this amendment is to clarify that while canning often includes heating, that not all products sealed in a can have been heated for a period, and to a temperature, sufficient to make the contents commercially sterile.
Item 11 inserts new animal diseases into Schedule 3 to the Quarantine Proclamation. The effect of this amendment is to increase the list of quarantinable animal diseases. The addition of these quarantinable animal diseases of aquatic animals to Schedule 3 results from advice provided by Biosecurity Australia.
Item 12 removes all references in the Quarantine Proclamation to ‘canned’ and insert in its place ‘retorted’. The purpose of this amendment is to clarify that while canning often includes heating, that not all products sealed in a can have been heated for a period, and to a temperature, sufficient to make the contents commercially sterile.