Quarantine Amendment Proclamation 2008 (No. 2)

Administered by Department of Agriculture

Legislation au F2008L02459 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

 

Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry

 

 

Quarantine Act 1908

 

Quarantine Amendment Proclamation 2008 (No. 2)

 

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; prohibiting 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 Quarantine Amendment Proclamation 2008 (No. 2) (the amending Proclamation) is to amend the Principal Proclamation to remove 23 entries from 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 amending Proclamation amends Schedule 5 (Permitted seeds) to the Principal Proclamation by removing 23 entries from the Lycoperscion and Solanum species of tomatoes.  This amendment reflects recent advice obtained from Biosecurity Australia (BA) about the risk of the introduction into Australia of the potato spindle tuber viroid, one of the most destructive diseases of potatoes, in imports of tomato seed.  The removal of the Lycoperscion and Solanum species from Schedule 5 means that these species can no longer be imported into Australia without an import permit.

No consultation has occurred on these amendments because they are of a minor or machinery nature and do not substantially change the law.

 

The amending Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The amending Proclamation commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

Details of the amending Proclamation are set out below.

 

Section 1 provides that the name of the Amendment Proclamation is the Quarantine Amendment Proclamation 2008 (No. 2).

 

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 23 entries (from the Lycoperscion and Solanum species) in Schedule 5 to the Principal Proclamation. The removal of these 23 entries reflects advice obtained from BA about the risk of the introduction of the potato spindle tuber viroid in imports of tomato seed.  A Pest Risk Analysis was conducted by BA and identified tomato seed as a pathway for the introduction of potato spindle tuber viroid.   The removal of the entries from the Lycoperscion and Solanum species means that they can no longer be imported into Australia without an import permit.

Overview

The Quarantine Amendment Proclamation 2008 (No. 2) amends the Quarantine Proclamation 1998 to address the risk of introducing the potato spindle tuber viroid into Australia via tomato seed imports. Enacted by the Australian Government under the authority of the Minister for Agriculture, Fisheries and Forestry, this proclamation seeks to update the list of permitted seeds, removing 23 entries from the Lycoperscion and Solanum species of tomatoes. This legislative change aims to mitigate the risk identified by Biosecurity Australia regarding the potential spread of this destructive plant disease. The amendment reflects recent assessments and is intended to enhance Australia's biosecurity measures by ensuring that these specific tomato seeds require an import permit, thereby controlling their entry into the country.

Scope and Application

The Quarantine Act 1908 applies to the control of the entry of animals, plants, and other goods of quarantine concern into Australia, and the movement of such goods between different parts of the Australian mainland. The Act allows the Governor-General to make proclamations, such as the Quarantine Amendment Proclamation 2008 (No. 2), to declare or prohibit the importation of certain goods, including seeds, animals, or plants, unless a Director of Quarantine has granted an import permit. The amending Proclamation specifically targets the removal of 23 entries from the list of seeds that may be imported without a permit, particularly Lycoperscion and Solanum species of tomatoes, due to the risk of introducing the potato spindle tuber viroid. This amendment restricts the importation of these species into Australia unless an import permit is obtained. The jurisdictional reach of the Act is national, covering the entire Commonwealth of Australia, and the scope is extended through subordinate instruments such as the amending Proclamation.

Key Provisions

The Quarantine Amendment Proclamation 2008 (No. 2) modifies the Quarantine Proclamation 1998, altering the conditions under which certain seeds may be imported into Australia. Specifically, it removes 23 entries from the list of permitted seeds (Schedule 5) within the Principal Proclamation, impacting the Lycoperscion and Solanum species of tomatoes. This amendment reflects recent biosecurity advice from Biosecurity Australia, which identified a risk of the potato spindle tuber viroid being introduced into Australia through tomato seed imports. As a result, these species of tomato seeds can no longer be imported without a permit from a Director of Quarantine. The Act imposes several obligations on the parties involved. Importers must ensure that any seeds they wish to bring into Australia comply with the updated regulations set forth in the Principal Proclamation and its amendments. This means that if they wish to import the specified tomato seeds, they must first obtain an import permit from a Director of Quarantine. Additionally, the Director of Quarantine has the authority to impose conditions or requirements on the import permit, which the importers must comply with to legally bring the seeds into the country. Failure to comply with the provisions of the Quarantine Amendment Proclamation 2008 (No. 2) can result in legal consequences. Importing seeds that require a permit without obtaining one constitutes an offence under the Act. Penalties for contravening the Act can include fines and, in severe cases, imprisonment. The specific penalties are not detailed in the explanatory statement but generally, the severity of the penalty depends on the nature and extent of the breach. For instance, knowingly importing prohibited goods can attract significant fines and/or imprisonment, reflecting the serious nature of biosecurity breaches.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.