EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry
Quarantine Act 1908
Quarantine Amendment Proclamation 2007 (No. 1)
The Quarantine Proclamation 1998 (“the Principal 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.
Paragraph 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. These matters include the appointing of places on land or sea to be quarantine stations for the performance of quarantine by vessels, persons, goods animals, or plants; and prohibit 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.
The purpose of the Proclamation is to remove three quarantine stations from the list of proclaimed quarantine stations and to update the list of seeds that may be imported into Australia without a permit.
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 Principal 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 Principal Proclamation) is prohibited unless a Director of Quarantine has granted a permit for its importation. Schedule 5 to the Principal Proclamation lists all seeds that have been assessed as permitted seeds.
Subsection 13(1)(c) of the Act provides that section 15 of the Principal Proclamation sets out those places which have been proclaimed to be quarantine stations for the performance of quarantine by plants or goods. Schedule 1, Part 2 to the Principal Proclamation provides the location of these quarantine stations.
The Proclamation amends paragraphs 15 (b) to (e) and Schedule 1 (Quarantine stations), of the Principal Proclamation by removing quarantine stations located at Kamerunga in Queensland, Baron Hay Court in Western Australia and Kingston in Tasmania which have either closed or are now owned and managed by the state governments under administrative arrangements with the Australian Quarantine Inspection Service (AQIS).
The administrative arrangements with AQIS ensure that an appropriate level of quarantine security is maintained at the facilities and have removed the need for such facilities to continue as declared quarantine stations. The administrative arrangements mirror the statutory scheme set up under section 46A of the Act which enables businesses to apply to AQIS for a place to be approved for the performance of quarantine by certain goods. The statutory scheme under section 46A allows for the Director of Quarantine to approve a place if satisfied about a range of matters, including whether the arrangements for the management and control of the place are adequate, having regard to the nature of the goods and the level of quarantine risk.
AQIS considers the same range of matters when deciding whether or not to enter into administrative arrangements with a state. A place approved under section 46A of the Act is regularly audited by AQIS to monitor compliance with the terms of the approval. Similarly, the state facilities are regularly audited by AQIS to monitor compliance with the administrative arrangements.
The proposed Proclamation would also amend Schedule 5 (Permitted seeds) to the Principal Proclamation by removing one instance of a duplicate entry, removing 42 entries (most of which are now considered weeds), and adding a further 396 seeds. These amendments reflect ongoing assessments conducted by AQIS and Biosecurity Australia (BA) as a result of requests from importers to have additional seeds added to the permitted seeds list. All seeds being added have undergone the required assessment by AQIS or BA.
The Act specifies no conditions that need to be met before the power to make the proposed Proclamation may be exercised.
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 proposed Proclamation are set out below.
Section 1 would provide that the name of the Proclamation is the Quarantine Amendment Proclamation 2007 (No. 1).
Section 2 would provide that the Proclamation commences on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 would provide that Schedule 1 amends the Quarantine Proclamation 1998.
Schedule 1 - Amendments
Item 1 substitutes paragraphs 15 (b) to (e). The effect of this substitution is to remove those facilities located at Kamerunga (Queensland), Baron Hay Court (Western Australia) and Kingston (Tasmania) as quarantine stations for the performance of quarantine by plants or goods. The quarantine stations located in Western Australia and Tasmania are now managed by the relevant state governments while the facility located in Queensland has closed.
Item 2 amends Schedule 1 to the Principal Proclamation by removing clauses 13, 14 and 15 which describe the geographical location of those quarantine stations that have been removed by item 1. These quarantine stations have either closed or are now managed by the relevant state government.
Item 3 clarifies Schedule 5 (Permitted Seeds) to the Principal Proclamation by removing one instance of an entry that has been included twice. It omits the first mention of Calyptrocalyx sp. ‘Mara’
Item 4 removes 42 seeds from Schedule 5 to the Principal Proclamation. The removal of these seeds reflects the result of ongoing assessments by Biosecurity Australia (BA). Of these 42 seeds, 38 seeds are being removed because they are now considered to be a weed, while four seeds are being removed to correct typographical errors. These four seeds are reinserted by item 5. The effect of this amendment is to prohibit the importation into Australia of the 38 seeds without a permit.
Item 5 inserts 396 seeds into Schedule 5 of the Principal Proclamation. The effect of this amendment is to allow the importation of the seeds into Australia without an import permit. Of these 396 seeds, 392 new seeds have been added to Schedule 5 reflecting the results of ongoing assessments conducted by the Australian Quarantine Inspection Service and BA, while correcting the typographical error contained in the names of the four seeds removed in item 4.