EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry
Quarantine Act 1908
Quarantine Amendment Proclamation 2007 (No. 3)
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.
Section 13 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; prohibits 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 amend the Principal Proclamation 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.
The Proclamation amends Schedule 5 (Permitted seeds) to the Principal Proclamation by adding a further 651 seeds, correcting 12 instances of typographical errors, removes 26 entries that are now considered to be weeds and as such present a quarantine risk and removes five instance of duplicate entries. These amendments reflect ongoing assessments conducted by 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 BA.
The Act specifies no conditions that need to be met before the power to make the Proclamation may be exercised.
The Proclamation would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Proclamation would commence on the day after it is registered on the Federal Register of Legislative Instruments.
Details of the Proclamation are set out below.
Section 1 provides that the name of the Proclamation is the Quarantine Amendment Proclamation 2007 (No. 3).
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 omits 38 seeds from Schedule 5 to the Principal Proclamation. The removal of 26 of these seeds reflects the result of ongoing assessments by Biosecurity Australia (BA). These 26 seeds have been removed because they are now considered to be weeds. The effect of this is to prohibit the importation into Australia of these 26 seeds.
The remaining 12 seeds that have been removed contain typographical errors. These 12 seeds are reinserted in item 3 with the correct spellings.
Item 2 removes the first instance of duplicate entries of 5 seeds.
Item 3 inserts 663 seeds into Schedule 5 to the Principal Proclamation. The effect of this amendment is to allow the importation of the seeds into Australia without an import permit. The additional seeds which have been added to Schedule 5 reflect the results of ongoing assessments conducted by BA. The effect of this amendment is to allow the importation into Australia of the 663 seeds without a permit.
Overview
The Quarantine Amendment Proclamation 2007 (No. 3) was introduced to amend the Quarantine Proclamation 1998, which establishes the legal framework for controlling the entry of animals, plants, and other goods of quarantine concern into Australia, as well as the movement of such items between different parts of the Australian mainland. The Proclamation was enacted to update the list of seeds that may be imported into Australia without a permit, addressing the need for a more current and accurate list to facilitate trade and mitigate biosecurity risks. This amendment was authorised by the Quarantine Act 1908, which allows the Governor-General to make proclamations regarding the importation of various items, including seeds, subject to the issuance of permits by the Director of Quarantine. The policy objective of this amendment was to align the permitted seeds list with ongoing assessments and requests from importers, thereby enhancing Australia's biosecurity measures while supporting agricultural trade.
Scope and Application
The Quarantine Amendment Proclamation 2007 (No. 3) amends the Quarantine Proclamation 1998, thereby impacting the importation of seeds into Australia. The Act applies to seeds, and the amendments to the list of permitted seeds will affect those involved in importing seeds into Australia, such as importers, exporters, and agricultural businesses. The Proclamation has a national reach, as it is an instrument under the Commonwealth's Quarantine Act 1908, which governs the entry of animals, plants, and goods of quarantine concern into Australia. The Act allows the Governor-General to declare or prohibit various matters related to quarantine, including the importation of seeds, by proclamation. The Proclamation updates the list of seeds that can be imported without a permit, reflecting ongoing assessments by Biosecurity Australia. The amendments include the addition of 651 seeds, correction of typographical errors, removal of 26 seeds now classified as weeds, and the elimination of duplicate entries. These changes will come into effect on the day after the Proclamation is registered on the Federal Register of Legislative Instruments. The amendment process and the conditions for importing seeds are governed by the Quarantine Act and the Quarantine Proclamation.
Key Provisions
The Quarantine Amendment Proclamation 2007 (No. 3) amends the Quarantine Proclamation 1998, primarily updating the list of seeds that can be imported into Australia without a permit. Section 1 of the Proclamation establishes its name, while Section 2 sets the commencement date as the day after its registration on the Federal Register of Legislative Instruments. Schedule 1 details the specific amendments, including the removal of certain seeds from Schedule 5 of the Principal Proclamation, the correction of typographical errors, and the addition of new seeds. Section 3(1) of the Proclamation removes 38 seeds from Schedule 5, of which 26 were identified as weeds through ongoing assessments by Biosecurity Australia (BA), thereby prohibiting their importation into Australia. The remaining 12 seeds were removed due to typographical errors and are corrected and reinserted in Section 3(3). Section 3(2) eliminates five instances of duplicate entries. Section 3(3) introduces 663 seeds into Schedule 5, permitting their importation into Australia without a permit, based on assessments conducted by BA.
The Proclamation imposes specific obligations on parties and entities governed by the Quarantine Act 1908. Under Section 63 of the Principal Proclamation, the importation of seeds into Australia is generally prohibited unless a Director of Quarantine grants a permit. This requirement ensures that only seeds assessed as safe and free from pests and diseases can enter the country. The amendments in the Proclamation update the list of permitted seeds, reflecting ongoing assessments by BA. Importers and other relevant parties must ensure that any seeds they intend to import comply with the updated list in Schedule 5 of the Principal Proclamation. This includes verifying that the seeds do not appear in the list of prohibited seeds and obtaining the necessary permits if the seeds are not listed.
The Quarantine Amendment Proclamation 2007 (No. 3) includes provisions for offences and penalties for non-compliance. Section 13(2A) of the Act allows for the prohibition of the importation of any goods unless a permit is granted by a Director of Quarantine. The failure to comply with the requirements set out in the Proclamation, such as importing prohibited seeds, could lead to significant penalties. Under the Customs Act 1901, individuals or entities found in breach of the importation prohibitions may face criminal charges, resulting in fines and imprisonment. The specific penalties depend on the nature and severity of the offence. The maximum penalties can include fines of up to $22,000 for individuals and $110,000 for corporations, along with potential imprisonment terms. Additionally, civil consequences may arise, including the confiscation of the prohibited goods and the imposition of additional fines.