EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry
Quarantine Act 1908
Quarantine Amendment Proclamation 2009 (No. 2)
Section 13 of the Quarantine Act 1908 (‘the Act’) provides, in part, that the Governor-General may, by proclamation, declare any ports in Australia, the Cocos Islands or Christmas Island to be ports where imported animals, plants or other goods, or imported animals, plants or other goods of a particular kind or description or having a particular use, may be landed.
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.
The Quarantine Proclamation sets out the ports where imported goods (other than animals or plants) that are personal effects may be landed, as accompanied passenger baggage. Those ports are listed in table 6D in subsection 13B(2) of the Quarantine Proclamation.
The amending Proclamation amends table 6D to allow for the landing of personal effects, as accompanied passenger baggage, at Essendon Airport. The amending Proclamation also amends some minor typographical errors and updates the Reader’s Guide to the Quarantine Proclamation.
No Regulation Impact Statement was required as the amendment would have a low impact on business and would appear to impose no or low compliance costs.
Consultation occurred with the management of Melbourne International Airport, the National Operations Manager, Airports Program and also the National Passenger Processing Committee (NPPC). The NPPC is chaired by the Australian Customs and Border Protection Service and it represents nine Commonwealth departments and agencies. The NPPC advises on policy relating to passenger processing. It indicated that it had no concerns with Essendon Airport being proclaimed to receive personal effects that are accompanied passenger baggage.
Details of the amending Proclamation are set out below:
Section 1 specifies the name of the amending Proclamation as the Quarantine Amendment Proclamation 2009 (No. 2).
Section 2 provides that the amending Proclamation commences on the day after it is registered.
Section 3 provides that Schedule 1 amends the Quarantine Proclamation 1998 (‘the Quarantine Proclamation’).
Schedule 1 – Amendments
Item [1] amends the table headed ‘Airports in Australia that are landing places for aircraft’ in section 8 of the Reader’s Guide to the Quarantine Proclamation by inserting additional information to clarify that Essendon Airport is a landing place where only personal effects, as accompanied passenger baggage, can be landed. The additional information reflects the amendment to the Quarantine Proclamation made by Item [4].
Item [2] amends the table headed ‘Airports in Australia that are landing places for aircraft’ in section 8 of the Reader’s Guide to the Quarantine Proclamation by substituting the reference to table 66B with table 6B, which corrects a typographical error.
Item [3] amends the table headed ‘Airports in Australia that are landing places for aircraft’ in section 8 of the Reader’s Guide to the Quarantine Proclamation by substituting the reference to table 66B with table 6B, which corrects a typographical error.
Item [4] amends subsection 13B(2), table 6D by inserting Essendon Airport. This provides for the landing of personal effects, as accompanied passenger baggage, at Essendon Airport.
Prior to this amendment, persons arriving in Australia at Essendon Airport were required to seek permission, pursuant to section 20D of the Quarantine Act 1908 (‘the Act’), to land their personal effects. This was because Essendon Airport is only proclaimed as a first port of entry and landing place for overseas aircraft. A review of operations revealed that it would be more effective to proclaim Essendon Airport as a port where personal effects, as accompanied passenger baggage, may be landed than to undertake the administrative processes associated with granting permissions pursuant to section 20D of the Act. Essendon Airport is in close proximity to Melbourne Airport and can easily be staffed to provide quarantine services, which will mitigate any potential quarantine risk.
The effect of the amendment is to allow personal effects that are accompanied passenger baggage to be landed at Essendon Airport without a section 20D application and approval under the Act.