EXPLANATORY STATEMENT
Subject - Quarantine Act 1908
Quarantine Amendment Proclamation 2006 (No. 4)
The Quarantine Proclamation 1998 (“the 1998 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. The range of matters that the Governor-General may prohibit includes 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.
The purpose of the Proclamation is to update the list of seeds that may be imported into Australia without a permit.
Section 63 of the 1998 Proclamation provides that the importation into Australia of a seed (other than a seed of a kind of plant mentioned in Schedule 5 to that Proclamation) is prohibited unless a Director of Quarantine has granted a permit for its importation. Schedule 5 lists all species that have been assessed as permitted seeds. The effect of section 63 is to allow the importation into Australia of a seed of the plant species listed in Schedule 5 without a permit.
The Proclamation amends Schedule 5 to the 1998 Proclamation by adding 48 entries and removing 2 entries, which are now considered to be weeds. These amendments reflect ongoing assessments conducted by the Australian Quarantine Inspection Service (AQIS) and Biosecurity Australia as a result of requests from importers to have additional species added to the permitted seeds list. All seeds being added have undergone the required assessment by AQIS or Biosecurity Australia.
No consultation was undertaken because the instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
Details of the Proclamation are set out below.
Section 1 provides that the name of the Proclamation is the Quarantine Amendment Proclamation 2006 (No. 4).
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 inserts 47 new plant species and 1 plant genus (Azadirachita spp.) into Schedule 5 to the Proclamation. The effect of this amendment is to allow the importation of the seed of these plants into Australia without an import permit.
Items 2 and 3 removes 1 plant genus (Aloe spp.) and 1 plant species (Azadirachita indica) from Schedule 5 to the Proclamation. These are removed because they are now considered to be weeds. The effect of this amendment is to prohibit the importation into Australia of the seeds of these plants without a permit.
Overview
The Quarantine Amendment Proclamation 2006 (No. 4) is an instrument designed to update the list of seeds that can be imported into Australia without requiring a permit. This amendment to the Quarantine Act 1908 addresses the need to adjust the list of permitted seeds based on ongoing risk assessments conducted by the Australian Quarantine Inspection Service (AQIS) and Biosecurity Australia, in response to requests from importers. The Proclamation allows the importation of seeds from additional plant species into Australia without the need for an import permit, while also prohibiting the importation of seeds from species now considered to be weeds. The changes reflect the dynamic nature of biosecurity assessments and aim to streamline the importation process for seeds that pose minimal risk to Australian ecosystems and agriculture.
The Proclamation was enacted by the Governor-General under the authority provided by section 13 of the Quarantine Act 1908, which allows for the prohibition of the importation of various items, including seeds, unless a permit is granted. The objective of the Proclamation is to facilitate the importation of seeds from species deemed safe by AQIS or Biosecurity Australia, thereby supporting trade while maintaining stringent biosecurity measures. This legislative update is considered to be of a minor or machinery nature, and no formal consultation was undertaken as it does not substantially alter existing arrangements. The Proclamation commenced on the day after it was registered on the Federal Register of Legislative Instruments, as stipulated in section 2.
Scope and Application
The Quarantine Amendment Proclamation 2006 (No. 4) amends the Quarantine Proclamation 1998 by updating the list of plant seeds that can be imported into Australia without the need for a permit. This amendment applies to the entities and individuals involved in the importation of seeds into Australia, particularly those in the agricultural and plant industries. The changes to Schedule 5 of the 1998 Proclamation, which now include 47 additional plant species and one plant genus, facilitate easier importation of these seeds by removing the permit requirement, subject to compliance with other conditions as may be stipulated in any relevant permit. Conversely, two entries, one plant genus and one plant species, have been removed from the permitted list and are now considered weeds, thereby prohibiting their importation without a permit. The geographic reach of this amendment is national, impacting all regions within Australia. The amendment does not specify exclusions beyond those explicitly mentioned, but it operates under the broader legislative framework provided by the Quarantine Act 1908 and the 1998 Proclamation, which govern the control of biological and other quarantine-concern items entering Australia. The application of this legislation can be further extended or restricted through subordinate instruments, such as permits issued by a Director of Quarantine, which may impose additional conditions or requirements on the importation of seeds.
Key Provisions
The Quarantine Amendment Proclamation 2006 (No. 4) operates under the authority of the Quarantine Act 1908, specifically under subsection 13(1) (section 13(1)). This section empowers the Governor-General to declare or prohibit the introduction or importation of various items into Australia, including diseases, pests, and other goods that may pose a quarantine risk. The Proclamation updates the list of seeds that can be imported into Australia without a permit, as per section 63 of the Quarantine Proclamation 1998 (section 63). This update is detailed in Schedule 1, which amends Schedule 5 of the 1998 Proclamation.
Under this Proclamation, the importation of seeds is regulated to prevent the introduction of weeds and pests. Specifically, Section 63 of the 1998 Proclamation currently prohibits the importation of seeds unless a permit is obtained from a Director of Quarantine (section 63). Schedule 5 to this Proclamation lists seeds of specific plant species that may be imported without a permit. The amendments introduced by the 2006 Proclamation add 48 entries to Schedule 5, permitting the importation of these seeds without a permit, and remove 2 entries, prohibiting the importation of the seeds of these plants (Schedule 1, Items 1 to 3).
The obligations imposed by the Proclamation on parties involved in importing seeds into Australia are primarily to ensure compliance with the updated list in Schedule 5. Importers must verify that the seeds they wish to import are included in Schedule 5 to avoid needing a permit. If the seeds are not listed, they must apply for a permit from a Director of Quarantine. This requirement ensures that only seeds that have undergone the necessary assessment and are deemed safe for importation are brought into Australia. The assessment process is conducted by the Australian Quarantine Inspection Service (AQIS) or Biosecurity Australia, and these entities have determined that the seeds listed in Schedule 5 pose no significant quarantine risk (Schedule 1, Items 1 to 3).
Failure to comply with the provisions of the Quarantine Amendment Proclamation 2006 (No. 4) can result in significant penalties. Importing seeds that are prohibited without the required permit is an offence under the Quarantine Act 1908. The Act provides for both civil and criminal penalties for breaches. Civil penalties can include fines up to a maximum of $22,200 for individuals and $111,000 for bodies corporate, depending on the severity and frequency of the offence (section 13(2)). Criminal penalties can include imprisonment for up to five years, reflecting the serious nature of importing unpermitted seeds that could potentially introduce harmful pests and weeds into Australia (section 13(2A)). The imposition of these penalties underscores the importance of adhering to the regulations to protect Australia's biosecurity.