EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Quarantine Act 1908
Quarantine Amendment Proclamation 2006 (No. 5)
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. 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 Quarantine Amendment Proclamation 2006 (No. 5) (“the Amendment Proclamation”) is to update the list of seeds that may be imported into Australia without a 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 to the Proclamation) is prohibited unless a Director of Quarantine has granted a permit for its importation. Schedule 5 to the Proclamation 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 Proclamation by adding 31 entries and lifting the current import restriction on certain species under 29 genera. 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 has occurred on these amendments because they are of a minor or machinery nature and do not substantially change the law.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The 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 Proclamation is the Quarantine Amendment Proclamation 2006 (No. 5).
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 amends Schedule 5 by inserting 31 seed species in the permitted seed list, in the appropriate alphabetical position on a letter-by-letter basis. The effect of this amendment is to allow the importation of the seed of these plant species into Australia without an import permit.
Item 2 amends Schedule 5 by substituting 29 entries. The effect of this amendment is to allow importation of all seeds of that genus to be imported into Australia without an import permit.
Overview
The Quarantine Amendment Proclamation 2006 (No. 5) amends the Quarantine Proclamation 1998 to update the list of seeds that can be imported into Australia without a permit. This amendment was introduced to address the need for a more comprehensive list of permitted seeds, reflecting ongoing assessments by the Australian Quarantine Inspection Service (AQIS) and Biosecurity Australia. The objective is to facilitate the import of seeds that have been evaluated and deemed safe, thereby supporting agricultural practices while maintaining stringent biosecurity measures. The enacting body is the Governor-General, acting under the authority granted by the Quarantine Act 1908. The Proclamation does not substantially alter the existing legal framework and was not subject to public consultation due to its minor and technical nature. It is a legislative instrument under the Legislative Instruments Act 2003, effective from the day following its registration on the Federal Register of Legislative Instruments.
Scope and Application
The Quarantine Amendment Proclamation 2006 (No. 5) amends the Quarantine Proclamation 1998 to update the list of seeds that may be imported into Australia without a permit, reflecting ongoing assessments by the Australian Quarantine Inspection Service (AQIS) and Biosecurity Australia. This legislation applies to individuals, entities, and industries involved in the importation of seeds into Australia. The amendment allows for the importation of specified seeds without the need for a permit, subject to their inclusion in Schedule 5 of the Proclamation. The geographic and jurisdictional reach of this amendment is national, applying across all Australian states and territories. There are no exclusions or exemptions specified in this amendment, which directly affects the import conditions of seeds as outlined in the updated Schedule 5. The application of the Quarantine Proclamation 1998 may be further extended or restricted through subordinate instruments, including import permits subject to conditions set out by the Director of Quarantine.
Key Provisions
The Quarantine Amendment Proclamation 2006 (No. 5) amends the Quarantine Proclamation 1998 to update the list of seeds that may be imported into Australia without a permit. Under section 63 of the Proclamation (subs. 13(2A) of the Quarantine Act 1908), the importation of seeds is generally prohibited unless a permit has been granted by a Director of Quarantine. However, seeds of plant species listed in Schedule 5 of the Proclamation are exempt from this requirement. The Amendment Proclamation, through Schedule 1, adds 31 specific seed species to the permitted list in Schedule 5, thus allowing the importation of these seeds without a permit. Additionally, it substitutes 29 entries in Schedule 5, lifting the import restrictions for all seeds within those genera, also permitting their importation without a permit.
The obligations imposed by the Amendment Proclamation on the parties it governs primarily revolve around compliance with the updated list of permitted seeds. Importers, in particular, must ensure that the seeds they intend to import are listed in Schedule 5 of the Proclamation. This means that they must be aware of and adhere to the changes made by the Amendment Proclamation, including the newly added species and the genera for which restrictions have been lifted. Failure to comply with these provisions could result in the seeds being deemed prohibited imports, potentially leading to their seizure or destruction upon entry into Australia.
Breach of the provisions set out in the Quarantine Proclamation 1998 and the Amendment Proclamation can result in significant consequences. The importation of seeds not listed in Schedule 5, or seeds that do not comply with the conditions of an import permit, constitutes an offence under section 20(1) of the Quarantine Act 1908. Such offences can attract penalties, with the maximum penalty varying depending on the nature and extent of the breach. For corporations, the maximum penalty can be up to $210,000 for each day the offence continues, while for individuals, the maximum penalty can be up to $21,000 for each day the offence continues. Additionally, civil penalties may also be applicable, including fines and the possibility of court orders to prevent further breaches. Criminal proceedings may also be initiated for more serious or repeated offences, potentially leading to imprisonment.