EXPLANATORY STATEMENT
Quarantine Act 1908
Quarantine Amendment Proclamation 2009 (No. 1)
The Quarantine Act 1908 (the Act) provides the legislative basis for human, plant and animal quarantine activities.
Paragraph 13(1)(ca) of the Quarantine Act 1908 provides that the Governor-General, may declare a disease to be a quarantinable disease by proclamation.
The Minute seeks an amendment to section 21 of the Quarantine Proclamation 1998 to add Human Swine Influenza with Pandemic Potential (HSIPP) to the list of quarantinable diseases, as a new quarantinable disease in humans, under section 13(1)(ca) of the Quarantine Act 1908.
The Quarantine Proclamation 1998 is the legislative basis for controlling the entry of humans, animals, plants and other goods of quarantine concern into Australia. Section 21 of this Proclamation lists Australia’s quarantinable diseases.
The purpose of the amendment to section 21 of the Quarantine Proclamation 1998 is to declare human swine influenza to be a quarantinable disease in humans by adding it to the proclaimed lists of quarantinable diseases in humans for Australia.
Human Swine Influenza with Pandemic Potential (HSIPP) is the name currently used for the strain of influenza that is causing significant morbidity and mortality in humans. Formerly, human morbidity and mortality was caused when humans contracted HSIPP from handling infected pigs. However, advice from the World Health Organization (WHO) Emergency Committee, the Australian Health Protection Committee and the Commonwealth Chief Medical Officer is that clusters of human infection consistent with human-to-human transmission are occurring in Mexico, the United States of America and Canada. In addition, a number of cases are under investigation in a number of other countries around the world.
The effect of the amendment is to ensure that appropriate measures under the Act may be taken to deal with threats to human health from Human Swine Influenza with Pandemic Potential (HSIPP).
Such measures include disease surveillance and reporting systems at Australian international entry ports, enforcing appropriate quarantine measures if suspected cases of disease are identified, and enforcing appropriate disinfection measures on aircraft and ships or port facilities.
The Act specifies no conditions that need to be met before the power to make the Proclamation may be exercised.
The amendment to the Quarantine Proclamation 1998 commences on the day it is registered on the Federal Register for Legislative Instruments.
The proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Authority: Paragraph 13(1)(ca)
of the Quarantine Act 1908
Overview
The Quarantine Act 1908 serves as the foundational legislation for human, plant, and animal quarantine activities in Australia. It empowers the Governor-General to declare certain diseases as quarantinable by proclamation. The 2009 Quarantine Amendment Proclamation (No. 1) sought to address the emerging threat of Human Swine Influenza with Pandemic Potential (HSIPP), also known as the swine flu, by amending the Quarantine Proclamation 1998. This amendment aimed to include HSIPP in the list of quarantinable diseases, thereby facilitating the implementation of necessary health measures to prevent the spread of the disease into Australia. The legislative change was prompted by the observed human-to-human transmission of HSIPP and the resultant global health concerns, as advised by the World Health Organization and other health authorities. The amendment ensures that Australia can enforce quarantine and disinfection measures, as well as surveillance and reporting systems at international entry points, to safeguard public health from the pandemic threat.
Scope and Application
The Quarantine Act 1908 applies to human, plant, and animal quarantine activities within Australia, providing the legislative foundation for managing and controlling the entry of goods and entities that could pose a quarantine risk. The Act's jurisdictional reach extends nationally, encompassing all states and territories of Australia, and it applies to any person, entity, or industry involved in activities that could introduce or spread quarantinable diseases. The Act allows the Governor-General to declare specific diseases as quarantinable by proclamation, thereby enabling targeted measures to be implemented to safeguard public health. The geographic reach of the Act is nationwide, ensuring a cohesive approach to quarantine across the country. The amendment to the Quarantine Proclamation 1998, which updates the list of quarantinable diseases to include Human Swine Influenza with Pandemic Potential (HSIPP), further extends the application of the Act to address emerging health threats. This amendment ensures that appropriate measures can be enforced at international entry points and within port facilities to prevent the spread of HSIPP, illustrating the Act's adaptability to new health challenges. The amendment does not specify any exclusions or thresholds but operates under the broader framework provided by the Quarantine Act 1908.
Key Provisions
The main operative sections of the Quarantine Amendment Proclamation 2009 (No. 1) pertain to the amendment of section 21 of the Quarantine Proclamation 1998, which concerns the list of quarantinable diseases. Section 21 is updated to include Human Swine Influenza with Pandemic Potential (HSIPP) as a new quarantinable disease in humans, aligning with the declaration under section 13(1)(ca) of the Quarantine Act 1908. This amendment ensures that HSIPP is officially recognised and managed under the legislative framework designed to protect public health by controlling the entry and spread of dangerous diseases within Australia.
The obligations and requirements imposed by this Act primarily concern the declaration and management of HSIPP. The Act mandates the establishment and enforcement of disease surveillance and reporting systems at Australian international entry points, ensuring that any suspected cases of HSIPP are promptly identified and managed. It also requires the implementation of appropriate quarantine measures for individuals suspected of carrying HSIPP, as well as rigorous disinfection protocols for aircraft, ships, and port facilities to prevent the spread of the virus. The Act mandates these measures to be in place to safeguard public health and prevent the potential pandemic spread of HSIPP.
Any breaches of the provisions under this Act may result in significant penalties and consequences. While the explanatory statement does not explicitly detail the penalties for non-compliance, it is reasonable to infer that violations of the quarantine measures, disease reporting, or disinfection protocols could lead to criminal charges under the broader Quarantine Act 1908. These charges could result in fines or imprisonment, reflecting the seriousness of managing infectious diseases that pose a public health risk. Additionally, failure to comply with the mandated surveillance and reporting systems could also attract civil penalties, reinforcing the importance of adherence to the legislative requirements.