EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry
Quarantine Act 1908
Quarantine Amendment Proclamation 2007 (No. 4)
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.
Section 13 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. Matters that the Governor-General may prohibit include the introduction or 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 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.
Section 38 of the Quarantine Proclamation 1998 provides that the importation into mainland Australia of a dead animal or animal part (except an animal or part to which subsection (2) applies) is prohibited unless a Director of Quarantine has granted a permit to import the animal or part into Australia. Subsection 38(2) applies to an animal or part that is mentioned in an item in table 13 and that complies with any restrictions or conditions set out in the item. Item 19 of table 13 mentions prawns (other than dried prawns or dried prawn products or prawn meal) if cooked.
The Proclamation amends the Quarantine Proclamation to impose additional conditions or restrictions on the importation of cooked prawns in response to revised interim quarantine measures announced by Biosecurity Australia (BA) in July 2007 and to clarify that references to prawns in items 19 and 20 of table 13 include ‘prawn products’.
BA undertook consultation with stakeholders during the import risk analysis which resulted in BA’s recommendations for the revised interim quarantine measures.
The Proclamation would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Proclamation commences on 1 November 2007.
Details of the Proclamation are set out below
Section 1 provides that the name of the Proclamation is the Quarantine Amendment Proclamation 2007 (No. 4).
Section 2 provides that the Proclamation commences 1 November 2007.
Section 3 provides that Schedule 1 amends the Quarantine Proclamation 1998.
Schedule 1 - Amendments
Item 1 inserts a new subsection. The effect of this insertion is to clarify that a product derived from or containing an animal or animal part is an ‘animal part’ for the purposes of section 38. This item also assists the reader in understanding the meaning of the references to ‘product’ contained in section 38 and in particular the new reference to ‘products’ in relation to prawns contained in item 2.
Item 2 substitutes the items 19 and 20 in table 13 of section 38 with new items. The effect of these substitutions is to clarify that items 19 and 20 extend to ‘prawn products’, and for item 19 imposes new conditions to manage the altered quarantine risk associated with the importation or prawns and prawn products.
The effect of the new item19 is to allow the importation into Australia of prawns or prawn products (other than dried prawns or prawn products) without an import permit if they are:
- cooked in premises in the exporting country that are approved by and under the control of the Competent Authority of the exporting country;
- cooked in a manner which results in all of the protein in the prawn meat coagulating and there being no raw prawn meat remaining; and
- accompanied by a certificate issued by the Competent Authority stating that the requirements relating to the cooking process has been complied with.
The new conditions are not prescriptive in relation to the manner of cooking. However, by way of example, compliance with the cooking requirements would occur if the core temperature of the prawn or prawn product reached 75oC for a specified time depending on the size of the prawn. Smaller grade prawns (66/88 pieces per kilogram) - cooked for a minimum of 2 minutes at a core temperature of 75oC or equivalent time and temperature; medium grade prawns (44/66 pieces per kilogram) - cooked for a minimum of 2 minutes and 15 seconds at a core temperature of 75oC or equivalent time and temperature; larger grade prawns (35/44 pieces per kilogram) - cooked for a minimum of 3 minutes at a core temperature of 75oC or equivalent time and temperature.
Note 1 to both item 19 and 20 provides that section 44 of the Quarantine Proclamation set out the conditions under which fish and crustacean meal may be imported.