Quarantine Amendment (Quarantine Stations) Proclamation 2015

Administered by Department of Agriculture

Legislation au F2015L01465 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by Authority of the Minister for Agriculture

 

Quarantine Act 1908

 

Quarantine Amendment (Quarantine Stations) Proclamation 2015

 

Legislative Authority

 

Subsection 13(1) of the Quarantine Act 1908 (Act) provides that the Governor-General may make proclamations to declare any ports in Australia 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 Governor-General may appoint places on land or sea to be quarantine stations for the performance of quarantine by vessels, persons, goods, animals, or plants.

 

The Quarantine Proclamation 1998 (Quarantine Proclamation) provides in part 2, division 1, section 14, and at schedule 1, part 1 for quarantine stations for animals or goods; and in part 2, division 1, section 15 and at schedule 1 part 2 for plants or goods of quarantine concern for mainland Australia.

 

Purpose

 

The purpose of the Quarantine Amendment (Quarantine Stations) Proclamation 2015

 (Amendment Proclamation) is to add the new post-entry quarantine (PEQ) facility which has been built at Mickleham, Victoria, to the list of Commonwealth Government-operated quarantine stations in the Quarantine Proclamation.

 

The new facility will be leased by the Department of Agriculture (department) as a PEQ facility for housing high-risk plant and animal species and goods imported to Australia.

 

Impact and Effect

 

The Amendment Proclamation will allow the new PEQ facility to commence operation as a quarantine station for animals, plants and goods by 1 December 2015. These amendments to the Quarantine Proclamation are required until new arrangements come into effect with commencement of the Biosecurity Act 2015 in June 2016, and repeal of the Quarantine Act 1908 and its subordinate legislation.

 

Consultation

 

The department consulted with clients who import high risk animal and plant species and goods which must undergo quarantine at Commonwealth-operated premises, and other relevant user groups, on the new Mickleham facility development.

 

The Office of Best Practice Regulation (OBPR) determined that the amendments are minor in nature and that a regulation impact statement is not required (OBPR Reference Number 19166).

The Amendment Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. It is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in the Attachment.

 

Details of the Quarantine Amendment (Quarantine Stations) Proclamation 2015

 

Section 1 – Name

This section provides that the name of the Amendment Proclamation is the Quarantine Amendment (Quarantine Stations) Proclamation 2015.

 

Section 2 – Commencement

This section provides for the Amendment Proclamation to commence on 1 October 2015.

 

Section 3 – Authority

This section provides that the Amendment Proclamation is made under paragraph 13(1)(c) of the Quarantine Act 1908.

 

Section 4 – Schedules

This section provides that each instrument that is specified in a schedule to the Amendment Proclamation is amended or repealed as set out in the schedule concerned, and any other item in a schedule to the Amendment Proclamation has effect according to its terms.

 

Schedule 1 – Amendments

 

Item 1 inserts new paragraph (c) ‘the place at Mickleham in Victoria described in clause 3 of Part 1 of Schedule 1’ after paragraph 14(1)(b) in division 1 of part 2 of the Quarantine Proclamation.

 

The purpose of the amendment is to add the new quarantine facility which has been built at Mickleham in Victoria as a first port of entry and quarantine station for animals and goods.

 

Item 2 inserts new paragraph (c) ‘the place at Mickleham in Victoria described in clause 13 of Part 2 of Schedule 1’ at the end of section 15 in division 1 of part 2 of the Quarantine Proclamation.

 

The purpose of the amendment is to add the new quarantine facility which has been built at Mickleham in Victoria as a first port of entry and quarantine station for plants and goods.

 

Item 3 inserts new item 3 ‘Mickleham (Victoria) The land in Victoria in folio identifier 2/LP202576 at Mickleham, City of Hume, County of Bourke that is Lot 2 in deposited plan LP202576 (known as 135 Donnybrook Road, Mickleham)’ after clause 2 in part 1 of schedule 1 to the Quarantine Proclamation.

 

The purpose of the amendment is to provide location details of the new quarantine facility at Mickleham in Victoria in schedule 1 to the Quarantine Proclamation, which locates quarantine stations for animals and goods in Australia.

 

Item 4 inserts new item 13 ‘Mickleham (Victoria) The land in Victoria in folio identifier 2/LP202576 at Mickleham, City of Hume, County of Bourke that is Lot 2 in deposited plan LP202576 (known as 135 Donnybrook Road, Mickleham)’ at the end of part 2 of schedule 1 to the Quarantine Proclamation.

 

The purpose of the amendment is to provide location details of the new quarantine facility at Mickleham in Victoria in schedule 1 to the Quarantine Proclamation, which locates quarantine stations for plants and goods in Australia.

 

ATTACHMENT

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Quarantine Amendment (Quarantine Stations) Proclamation 2015

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

The Legislative Instrument amends the Quarantine Proclamation 1998 to add the new Mickleham Post-Entry Quarantine Facility at Mickleham, Victoria, to the list of Commonwealth Government-operated quarantine stations. The facility will be operated as a first port of entry and quarantine station for housing high-risk plant and animal species and goods imported to Australia.

 

Human rights implications

 

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

The Hon. Barnaby Joyce MP

Minister for Agriculture

Overview

The Quarantine Amendment (Quarantine Stations) Proclamation 2015, issued under the authority of the Minister for Agriculture, is an amendment to the Quarantine Act 1908. This amendment was introduced to address the need for an additional quarantine facility to manage high-risk plant and animal species and goods imported into Australia. The enactment of this proclamation by the Governor-General is authorised under subsection 13(1) of the Quarantine Act 1908. The primary purpose of this amendment is to incorporate the new post-entry quarantine (PEQ) facility at Mickleham, Victoria, into the list of Commonwealth Government-operated quarantine stations as outlined in the Quarantine Proclamation 1998. The introduction of this facility is intended to enhance Australia's biosecurity measures, ensuring that high-risk imports are adequately quarantined and managed before they enter the country. The amendment will come into effect on 1 October 2015, allowing the new Mickleham facility to operate as a quarantine station for animals, plants, and goods by 1 December 2015. These changes are transitional, pending the full implementation of the Biosecurity Act 2015 in June 2016, which will eventually replace the Quarantine Act 1908 and its subordinate legislation. The Quarantine Amendment (Quarantine Stations) Proclamation 2015 has been developed following consultations with stakeholders involved in the importation of high-risk species and goods, ensuring that the new facility meets the needs of those sectors. The Office of Best Practice Regulation has determined that the amendments are minor and do not necessitate a regulation impact statement. The proclamation is also compatible with human rights as recognised under the Human Rights (Parliamentary Scrutiny) Act 2011, with a full statement of compatibility provided in the attached document.

Scope and Application

The Quarantine Amendment (Quarantine Stations) Proclamation 2015 is a legislative instrument designed to incorporate the new post-entry quarantine (PEQ) facility located in Mickleham, Victoria, into the existing framework of Commonwealth Government-operated quarantine stations under the Quarantine Act 1908. This amendment serves to ensure that the Mickleham facility can legally function as a quarantine station for the housing of high-risk plant and animal species and goods imported into Australia. The proclamation allows the facility to commence operations as a quarantine station for animals, plants, and goods by 1 December 2015, until the Biosecurity Act 2015 takes effect in June 2016, which will then repeal the Quarantine Act 1908 and its subordinate legislation. The geographic reach of this proclamation is confined to Australia, with a specific focus on the newly designated quarantine station in Mickleham, Victoria. The proclamation includes no stated exclusions or exemptions but provides explicit location details for the Mickleham facility within its schedules. The scope of this proclamation is limited to the addition of the Mickleham facility to the list of quarantine stations and does not extend or restrict the application of the Quarantine Act beyond what is outlined in the amendment.

Key Provisions

The main operative sections of the Quarantine Amendment (Quarantine Stations) Proclamation 2015 (Amendment Proclamation) focus on amending the Quarantine Proclamation 1998 (Quarantine Proclamation) to include the new post-entry quarantine (PEQ) facility at Mickleham, Victoria, as a Commonwealth Government-operated quarantine station. Specifically, section 4 of the Amendment Proclamation specifies the instruments that are amended or repealed as outlined in the schedules, and any other items in the schedules have effect according to their terms. The schedules detail the specific amendments, including the addition of the Mickleham facility to the list of quarantine stations for animals, plants, and goods. Section 1 identifies the name of the Amendment Proclamation, while section 2 sets the commencement date for 1 October 2015. Section 3 provides the authority under which the Amendment Proclamation is made, namely paragraph 13(1)(c) of the Quarantine Act 1908 (Act). The obligations and requirements imposed by the Amendment Proclamation are primarily administrative, tasking the Department of Agriculture with the operation of the new PEQ facility at Mickleham as a quarantine station for high-risk plant and animal species and goods. This includes ensuring that the facility meets all necessary standards for quarantine and biosecurity. Additionally, the Department must ensure that the facility is ready for operation by 1 December 2015, as stated in the commencement provisions of the Amendment Proclamation. The Quarantine Proclamation will continue to govern the operation of all quarantine stations, including the new facility at Mickleham, until it is repealed by the Biosecurity Act 2015. The Amendment Proclamation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, breaches of the Quarantine Act 1908 or the Quarantine Proclamation, which are not altered by the Amendment Proclamation, may result in enforcement actions. The Quarantine Act 1908 provides for penalties including fines and imprisonment for various offences related to the importation of prohibited items and failure to comply with quarantine requirements. The specific penalties depend on the nature and severity of the breach, and the Quarantine Act 1908 outlines maximum penalties for certain offences, which may include fines up to $111,100 for individuals and $555,500 for bodies corporate, along with potential imprisonment terms. Compliance with the Quarantine Act 1908 and its subordinate legislation, including the Quarantine Proclamation, remains essential to avoid these potential penalties.

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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.