EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Quarantine Act 1908
Quarantine Amendment Proclamation 2006 (No. 6)
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. 6) amends the Proclamation by:
- amending the Readers Guide to the Quarantine Proclamation to reflect amendments made earlier in 2006 by the Quarantine Amendment Proclamation 2006 (No. 3);
- allowing allow the landing of general goods (animal, plant and other items) at the Coolangatta Airport; and
- to update the conditions under which meat or meat products may be imported from New Zealand without a permit;
No consultation has occurred on this amendment because it is of a minor or machinery nature and do not substantially change the law.
The Quarantine Amendment Proclamation 2006 (No. 6) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Quarantine Amendment Proclamation 2006 (No. 6) 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. 6).
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.
Schedule 1 - Amendments
Item 1 inserts an entry for Coolangatta Airport within the Readers Guide to reflect changes made in the Quarantine Amendment Proclamation 2006 (No. 3), which allowed cats and dogs from New Zealand only to be landed at Coolangatta Airport.
Item 2 inserts a new item in table 6A of section 13A of the Quarantine Proclamation. The effect of the new item is to allow imported goods (other than animals or plants) that are personal effects and accompanied passenger baggage, to be landed at Coolangatta Airport.
Item 3 replaces the current item 31A with a new item 31A in Table 13 of Section 38. The effect of this substitution is to clarify that meat products which are a product of New Zealand and are for the personal use of the person importing the article may be imported without a permit.
Item 4 replaces the current item 33 with a new item 33 in Table 13 of Section 38. The effect of this substitution is to clarify that meat-based flavoured products from any kind of meat, including from pork or avian meat, may be imported without a permit from any country, including New Zealand provided that it is for the personal consumption of the person wishing to import it and does not contain any discernable pieces of meat.
Overview
The Quarantine Amendment Proclamation 2006 (No. 6) was enacted to amend the Quarantine Proclamation 1998, providing the legislative basis for controlling the entry of animals, plants, and other goods of quarantine concern into Australia. This amendment was introduced by the Governor-General under the authority granted by the Quarantine Act 1908, which empowers the Governor-General to declare or prohibit a range of matters, including the introduction of pests and diseases, and to regulate the movement of animals and plants within Australia. The primary objective of this amendment was to update the regulatory framework in response to minor changes and to streamline the importation process for certain goods. The Proclamation allows the landing of general goods at Coolangatta Airport and updates the conditions under which meat and meat products may be imported from New Zealand without a permit. This amendment ensures that the legislative provisions are aligned with current practices and regulatory needs, thereby facilitating trade while maintaining biosecurity standards.
Scope and Application
The Quarantine Amendment Proclamation 2006 (No. 6) amends the Quarantine Proclamation 1998, extending the legislative framework that governs the entry of animals, plants, and other goods of quarantine concern into Australia, as well as their movement within Australia. This amendment applies to individuals, entities, and industries involved in the importation and internal movement of such goods. It specifically targets the introduction of pests and diseases into Australia, Christmas Island, and the Cocos Islands, and regulates the importation of animals, plants, and related products into these areas. The amendment allows for the landing of general goods at the Coolangatta Airport and updates the conditions under which meat and meat products can be imported from New Zealand without a permit. The proclamation's reach encompasses the entire Commonwealth of Australia, including its territories, and it extends to the control of specified imports and the movement of goods between different parts of the Australian mainland. The amendment does not substantially change the existing law and does not require consultation due to its minor and machinery nature.
Key Provisions
The Quarantine Amendment Proclamation 2006 (No. 6) amends the Quarantine Proclamation 1998 by introducing several key changes. Section 3 of the amendment provides that the updated Proclamation commences on the day following its registration on the Federal Register of Legislative Instruments. The main changes, outlined in Schedule 1, include updating the Readers Guide to reflect recent amendments, allowing the landing of certain general goods at Coolangatta Airport, and updating the conditions for importing meat and meat products from New Zealand. Specifically, Item 1 of Schedule 1 updates the Readers Guide to include Coolangatta Airport as a landing site for certain animals from New Zealand. Item 2 permits the landing of general goods, which are personal effects and accompanied passenger baggage, at Coolangatta Airport. Items 3 and 4 modify the conditions for importing meat and meat-based flavoured products from New Zealand, clarifying that such imports for personal use are allowed without a permit, provided they meet specific conditions.
The obligations imposed by the Quarantine Amendment Proclamation 2006 (No. 6) primarily concern compliance with updated import conditions and permit requirements. Importers and other relevant parties must adhere to the new stipulations regarding the landing of goods at Coolangatta Airport and the conditions under which meat and meat products from New Zealand can be imported. These obligations include ensuring that any imported goods meet the specified criteria, such as being personal effects or accompanied passenger baggage for general goods, or being for personal use and in compliance with meat product import conditions. Compliance with these obligations is critical to avoiding penalties or enforcement actions.
The Quarantine Amendment Proclamation 2006 (No. 6) does not explicitly state new offences, penalties, or consequences for breach. However, non-compliance with the Quarantine Act 1908 and the Quarantine Proclamation 1998 can lead to enforcement actions under existing provisions of the Act. For example, unauthorised importation of prohibited goods can result in civil penalties, including fines, or criminal penalties, such as imprisonment, depending on the severity and intent of the breach. The maximum penalties for breaches of the Quarantine Act can include substantial fines and imprisonment terms, reflecting the seriousness of non-compliance with quarantine laws designed to protect Australia’s biosecurity.