EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry
Quarantine Act 1908
Quarantine Amendment Proclamation 2010 (No. 1)
Legislative Authority
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 prohibiting the introduction or importation into Australia of any disease or pest or any substance. Matters also include prohibiting the importation of any animals or plants, or parts of animals or plants; any articles or things containing or likely to contain any disease or pest; and any articles or things that are likely, in the Governor-General’s opinion, to introduce, establish or spread any disease or pest.
Subsection 13(2) of the Act provides that the power of prohibition 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.
Background
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.
Subsection 63(1) of the Quarantine 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 Quarantine Proclamation) is prohibited unless a Director of Quarantine has granted a permit for its importation. Schedule 5 to the Quarantine Proclamation lists all seeds that have been assessed as “permitted seeds”. The effect of section 63 is to allow seed species listed in Schedule 5 to be imported into Australia without an import permit.
Purpose and Impact
The purpose of the Amendment Proclamation is to update the list of seeds in Schedule 5 to the Quarantine Proclamation that may be imported into Australia without a permit. It is also to correct minor errors in the Schedule 4 ‘Quarantinable plant diseases and quarantinable pests’ tables and the Schedule 6 ‘Kind of plants that must not be imported’ list.
The Amendment Proclamation amends Schedule 5 to the Quarantine Proclamation by inserting 542 seed species and removing nine seed species. These amendments would reflect recent species risk assessments conducted by the Biosecurity Services Group of the Department of Agriculture, Fisheries and Forestry.
The Amendment Proclamation also corrects minor errors in the current Schedules 4 and 6 to the Proclamation. These amendments would correct the spelling and formatting of some currently listed species, to apply a consistent approach throughout the list.
Consultation
The Office of Best Practice Regulation determined that the Amendment Proclamation would have a low impact on business and would impose no or low compliance costs. Therefore, no consultation was required for the proposed changes.
Operation
Details of the Amendment Proclamation are set out below.
Section 1 provides that the name of the Amendment Proclamation is the Quarantine Amendment Proclamation 2010 (No. 1).
Section 2 provides that the Amendment 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] corrects the spelling of the quarantinable fungi listed in Schedule 4 to the Quarantine Proclamation as Ophlostomatales. This incorrectly spelt fungi is omitted and re-inserted as Ophiosomatales.
Item [2] removes nine species from the ‘permitted seeds’ list in Schedule 5 to the Quarantine Proclamation.
Four of these species are currently controlled as a weed, listed as a noxious weed, or identified as a potential weed by various state governments. Three of these species were previously added to the ‘permitted seeds’ list in error and been assessed as species that should not be permitted unrestricted entry into Australia. The other two species have been reassessed due to disease concerns and significant disease risks were identified.
The effect of the amendment is to prohibit the importation of the species without an import permit. Importers would be required to apply for an import permit and the species subject to quarantine conditions determined by a Director of Quarantine to manage the risk associated with the import of these seeds.
Items [3] to [6] correct the spelling and formatting of certain permitted seeds listed in Schedule 5. The incorrectly spelt seeds Hemiphora felderi, Oncosperma tigillarum and Sideritis Syriacea are omitted and reinserted as Hemiphora elderi, Oncosperma tigillarium and Sideritis syriaca respectively. The non-capitalised seed pseudolithos caput-viperae is omitted and re-inserted capitalising the first letter in the seed name Pseudolithos caput-viperae.
Item [7] inserts 542 new seed species into the permitted list in Schedule 5 to the Quarantine Proclamation in the appropriate alphabetical position as per drafting standards to ensure application of a consistent alphabetical format throughout the Schedule 5 list. The species for inclusion were added to the list as a result of assessments carried out in response to importer requests. All species proposed for inclusion in this amendment have been assessed by the Biosecurity Services Group as presenting minimal risk of introducing pest or becoming a weed in Australia.
Where a species is present in Australia and is not listed as being a weed, or considered to present a risk of becoming a weed, by any of the state or territory governments, assessments have been undertaken by the Plant Quarantine Branch of the Biosecurity Services Group (Plant Quarantine). These species would be added to the list without a Weed Risk Assessment being undertaken (see below for an explanation of this process). In undertaking this assessment, Plant Quarantine utilises several sources including:
- online herbariums and industry publications to validate that the plant name is a valid and/or widely accepted one
- online herbariums, industry publications, nursery catalogues and commercial invoices as proof that the species is present in Australia or has previously been imported, and
- state and territory government weeds lists to check the control status of the species.
Where Plant Quarantine found no evidence that a species is present in Australia and/or identified as being a weed, or considered to present a risk of being a weed, by a state or territory government, species have been referred to the Plant Biosecurity Branch of the Biosecurity Services Group (Plant Biosecurity) for assessment. On referral Plant Biosecurity has undertaken a Weed Risk Assessment on these species. This involves a question based scoring method relating to the species’ climatic preferences, biological attributes and reproductive and dispersal method. The score generated determines an outcome of ‘accept’, ‘reject’ or ‘further evaluate’. The Weed Risk Assessment makes a prediction as to whether a species may be a weed to agriculture or the environment.
The effect of this item is that importers would no longer require an import permit for these seed species. Removing the need to obtain an import permit enables import free of the administrative or cost burden that may be associated with obtaining such a permit.
The item also applies consistent drafting standards in the use of the term ‘var’ ensuring it is applied as roman type and not italics; replaces standard hyphens with non- breaking hyphens in botanical names; and wraps long titles of seeds onto two lines throughout the Schedule 5 list.
Item [8] corrects the spelling of two plants, Psuedotaxus spp. and Psuedotsuga spp., currently listed in the Schedule 6 to the Quarantine Proclamation list of plants that must not be imported. These incorrectly spelt plants are omitted and re-inserted with the correct spellings, Pseudotaxus spp. and Pseudotsuga spp.