EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry
Quarantine Act 1908
Quarantine Amendment Proclamation 2008 (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, appoint places on land or sea to be quarantine stations for the performance of quarantine by vessels, persons, goods, animals, or plants.
Subsection 14(1) of the Quarantine Proclamation sets out those places, which have been proclaimed to be quarantine stations for the performance of quarantine by animals and goods. Schedule 1, Part 1 to the Quarantine Proclamation provides details regarding the location of these quarantine stations.
The purpose of the amending Proclamation is to amend the Quarantine Proclamation to remove the Taronga Zoo, the Royal Melbourne Zoological Gardens, the Adelaide Zoo and the Perth Zoological Gardens from the list of proclaimed quarantine stations. Arrangements will be put in place to recognise these zoos as ‘Quarantine Approved Places’ (QAPs) under section 46A of the Act.
The Taronga Zoo, the Royal Melbourne Zoological Gardens, the Adelaide Zoo and the Perth Zoological Gardens are listed as quarantine stations, however there are no relevant guidelines for quarantine stations set out in the Quarantine Regulations 2000. It is proposed that it will be more appropriate for these zoos to become QAPs under section 46A of the Act. This would ensure that all zoos importing animals are managed and operated under one system as QAPs for post-arrival quarantine.
Consultation has occurred with each of the zoos involved and they are supportive of the move to one system and with the delayed commencement date.
The amending Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The amending Proclamation commences on 1 January 2009. This allows each of the four zoos adequate time to apply, meet required conditions of approval and become approved and operate as QAPs under section 46A of the Act before they cease to be quarantine stations.
Section 46A of the Act provides a comprehensive legislative framework for the use of commercial and other premises for quarantine activities. The statutory scheme established under section 46A of the Act allows for the Director of Quarantine to approve a place as a QAP 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 animals and the level of quarantine risk.
Details of the amending Proclamation are set out below:
Section 1 provides the name of the amending Proclamation is the Quarantine Amendment Proclamation 2008 (No. 4).
Section 2 provides that the amending Proclamation commences on 1 January 2009. This delayed commencement is to give the zoos sufficient time to comply with the requirements to become a Quarantine Approved Places (QAPs) under section 46A of the Act before they cease to quarantine stations.
Section 3 provides that Schedule 1 amends the Quarantine Proclamation 1998 (‘the Quarantine Proclamation’)
Schedule 1 – Amendments
Items [1] and [3] omit paragraphs (c), (d), (h) and (j) from subsection 14(1) of the Act. This removes references to the Taronga Zoo, the Royal Melbourne Zoological Gardens, the Adelaide Zoo and Perth Zoological Gardens. The effect of these amendments is to move to the operation of one system for the post-arrival quarantine of imported animals for all zoos.
Historically, parameters for regulation of zoos were detailed in Part V of the Quarantine (Animals) Regulations. Part V was not retained when these Regulations were remade in 2000 by the Quarantine Regulations 2000 (‘2000 Regulations’). As a result the Taronga Zoo, the Royal Melbourne Zoological Gardens, the Adelaide Zoo and the Perth Zoological Gardens are listed as quarantine stations, however there are now no relevant guidelines for quarantine stations set out in the 2000 Regulations.
Instead of being proclaimed quarantine stations, it is more appropriate for these four zoos to apply and upon approval become QAPs under section 46A of the Act. Section 46A provides a comprehensive legislative framework for the use of commercial and other premises for quarantine activities. It sets out the parameters within which premises may be approved, the period of approval and the criteria for suspending or revoking approvals. Section 46A was inserted to help address the recommendations of the Nairn Report, entitled Australian Quarantine: a shared responsibility (1996). This report recognised and endorsed an increasing role for industry in the performance of some quarantine activities.
Currently, other zoos in Australia that import animals do so by becoming registered as QAPs under section 46A of the Act. This amendment ensures that all zoos importing animals are managed and operate under one system as QAPs for post-arrival quarantine.
Item [2] makes a minor grammatical change required due to the omission of paragraph 14(1) (j) (see item [3]).
Items [4 to 7] amends Schedule 1 to the Quarantine Proclamation by omitting clauses 3, 4, 8 and 10 which detail the location of the quarantine stations that will be removed by items [1] and [3].