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.
Overview
The Quarantine Amendment Proclamation 2007 (No. 4) was enacted to address the gaps and problems in the existing quarantine measures concerning the importation of cooked prawns into Australia. This proclamation was introduced by the relevant legislature in response to the revised interim quarantine measures announced by Biosecurity Australia in July 2007. The primary aim of this legislation is to further control the entry of animals and plants into Australia, particularly focusing on the importation of cooked prawns and prawn products to mitigate any associated quarantine risks. The proclamation amends the Quarantine Proclamation 1998 to impose additional conditions and clarify certain terms to ensure compliance with the revised measures.
The proclamation was issued under the authority of the Minister for Agriculture, Fisheries and Forestry and is designed to strengthen the existing framework by providing explicit conditions for the importation of cooked prawns. This includes specifying that such prawns must be cooked in approved premises under the control of the exporting country's Competent Authority, ensuring the protein in the prawn meat coagulates completely with no raw meat remaining, and being accompanied by a compliance certificate. These measures aim to manage the altered quarantine risk associated with the importation of prawns and prawn products, thereby safeguarding Australia's biosecurity interests.
Scope and Application
The Quarantine Amendment Proclamation 2007 (No. 4) amends the Quarantine Proclamation 1998, extending its provisions to manage the importation of prawns and prawn products into Australia. This amendment applies to any person or entity attempting to import these items into the mainland Australian territory, ensuring that they comply with the stringent conditions aimed at preventing the introduction of pests and diseases. The geographic reach of this amendment is national, as it pertains to the entire Australian mainland, reflecting a federal legislative approach. Notably, the Proclamation specifies exclusions, such as dried prawns, dried prawn products, and prawn meal, which are not subject to the same restrictions. The Proclamation also allows for the importation of cooked prawns and prawn products under certain conditions, such as cooking in approved premises, full protein coagulation, and compliance with specified cooking temperatures and times, as well as the issuance of a certificate by the Competent Authority of the exporting country. These conditions are not prescriptive but provide examples to ensure clarity and effective implementation. The amendment came into effect on 1 November 2007 and serves to tighten the regulatory framework surrounding the importation of prawns and prawn products in response to updated biosecurity measures.
Key Provisions
The Quarantine Amendment Proclamation 2007 (No. 4) primarily seeks to modify the existing Quarantine Proclamation 1998 by introducing new conditions and restrictions on the importation of cooked prawns into mainland Australia. The amendments are made in response to revised interim quarantine measures announced by Biosecurity Australia in July 2007. Section 38 of the Quarantine Proclamation 1998, which deals with the importation of dead animals or animal parts, is particularly affected by these changes. The amendments clarify that references to prawns in items 19 and 20 of table 13 include 'prawn products' and impose new conditions for the importation of cooked prawns and prawn products to manage the altered quarantine risk.
The obligations imposed by the amended Quarantine Proclamation 1998 require that any cooked prawns or prawn products imported into Australia must be cooked in premises approved and controlled by the Competent Authority of the exporting country. Additionally, the cooking process must ensure that all protein in the prawn meat coagulates and no raw prawn meat remains. To meet these requirements, an import permit is not necessary if the prawns or prawn products are accompanied by a certificate from the Competent Authority, stating that the cooking process requirements have been met. This certificate serves as evidence that the prawns or prawn products have been cooked in compliance with the stipulated conditions.
Failure to comply with the conditions for the importation of cooked prawns or prawn products can lead to civil and criminal consequences. Under the Quarantine Act 1908, breaches of the Act or any regulations or directions made under it can result in both civil and criminal penalties. The maximum penalties for offences can vary, but they may include substantial fines and, in some cases, imprisonment. The precise penalties depend on the nature and severity of the breach. It is important for importers and other parties governed by the Act to adhere to the conditions and requirements set out in the amended Quarantine Proclamation 1998 to avoid these penalties and ensure compliance with Australian quarantine laws.