Quarantine Amendment Regulations 2002 (No. 1) 2002 No. 2
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 2
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Quarantine Act 1908
Quarantine Amendment Regulations 2002 (No. 1)
Section 87 of the Quarantine Act 1908 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
The purpose of the Quarantine Amendment Regulations 2002(No. 1) is to amend the Quarantine Regulations 2000 :
• to increase the prescribed penalty for an infringement notice in regulation 59; and
• to add the Criminal Code to the Commonwealth laws prescribed by regulation 40.
The amendment to regulation 59 doubles the prescribed penalty for an infringement notice offence. Travellers to Australia commit an infringement notice offence if they give false or misleading information or fail to answer questions about their luggage. The information obtained from passengers about their luggage assists the Australian Quarantine and Inspection Service (AQIS) to protect Australia's borders from pest and disease incursions such as the Foot and Mouth Disease incursions recently experienced in the United Kingdom and Europe. The higher penalty is expected to provide a stronger incentive for travellers to provide accurate information about their luggage. In addition, the amendment will bring the prescribed penalty for an infringement notice offence into closer alignment with penalties for similar offences in other countries.
The addition of the Criminal Code to the Commonwealth laws prescribed by regulation 40 allows the Director of Quarantine to take offences against the Criminal Code into account when granting or suspending or revoking an approval of a place where goods subject to quarantine may be treated or otherwise dealt with under section 46A of the Act.
Details of the amendment are set out below:
Regulation 1 provides that the Regulations are named the Quarantine Amendment Regulations 2002 (No. 1).
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides that Schedule 1 of the Regulations amends the Quarantine Regulations 2000.
Schedule 1
Item 1 substitutes a new definition for prescribed penalty. The effect of this new definition is to increase the penalty from 1 to 2 penalty units for an infringement notice offence that involves goods that are prohibited for importation into Australia or the Cocos Islands by a Proclamation under section 13 of the Act and are subject to forfeiture under section 68 of the Act; or from half a penalty unit to 1 penalty unit in any other case.
Item 2 inserts the Criminal Code into Schedule 1 of the Regulations. The effect of this amendment is to include the Criminal Code in the Commonwealth laws that are prescribed by regulation 40 for the purposes of section 46A of the Act. Section 46A of Act empowers the Director of Quarantine, on application by a person, to approve a place where goods that are subject to quarantine may be treated or otherwise dealt with. A person applying for the approval of a place may be required to sign a written declaration stating, inter alia, whether the person has been convicted of an offence against a prescribed law of the Commonwealth. The Director of Quarantine may take this information into account when deciding to approve the place. The Director of Quarantine may also take information about conviction for an offence against a law of the Commonwealth into account when deciding whether to suspend or revoke the approval.
Overview
The Quarantine Amendment Regulations 2002 (No. 1) were enacted in 2002 under the authority of the Minister for Agriculture, Fisheries and Forestry, to address gaps and enhance the effectiveness of the existing Quarantine Regulations 2000. This amendment aimed to strengthen the enforcement of quarantine laws by increasing the penalties for infringement notice offences, which are committed by travellers who provide false or misleading information about their luggage. The higher penalties are intended to deter such offences and ensure that travellers provide accurate information, thereby protecting Australia's borders from pest and disease incursions. Additionally, the amendment expanded the scope of Commonwealth laws considered by the Director of Quarantine when approving places for the treatment or handling of goods subject to quarantine, by including the Criminal Code. This allows for a more comprehensive assessment of applicants’ suitability based on their criminal history, thereby reinforcing the integrity and effectiveness of Australia's quarantine system.
Scope and Application
The Quarantine Amendment Regulations 2002 (No. 1) are designed to enhance the enforcement capabilities under the Quarantine Act 1908 by amending the Quarantine Regulations 2000. These amendments apply to any individual or entity involved in the importation of goods into Australia or the Cocos Islands, particularly those in the logistics, shipping, and travel industries. The regulations extend across the Commonwealth of Australia and are intended to ensure that the Australian borders are protected against pest and disease incursions. Specifically, the amendments increase the prescribed penalty for an infringement notice from 1 to 2 penalty units for prohibited goods and from half a penalty unit to 1 penalty unit for other goods, thereby discouraging false or misleading information about luggage. Additionally, the inclusion of the Criminal Code as a prescribed Commonwealth law allows the Director of Quarantine to consider convictions under the Criminal Code when approving or managing the approval of places where goods subject to quarantine may be treated. This legislative change aims to align the penalties for infringement notice offences with international standards and strengthen compliance with quarantine regulations.
Key Provisions
The main operative sections of the Quarantine Amendment Regulations 2002 (No. 1) are Regulation 1, which names the Regulations, and Regulation 3, which states that Schedule 1 amends the Quarantine Regulations 2000. Specifically, Schedule 1, Item 1 increases the penalty for an infringement notice offence from 1 to 2 penalty units for certain offences and from half a penalty unit to 1 penalty unit for other cases. Schedule 1, Item 2 includes the Criminal Code in the Commonwealth laws prescribed by regulation 40, which allows the Director of Quarantine to consider convictions against the Criminal Code when granting or suspending or revoking an approval of a place where goods subject to quarantine may be treated or otherwise dealt with.
The Quarantine Amendment Regulations 2002 (No. 1) imposes several obligations and requirements on the parties or entities it governs. Firstly, travellers to Australia must provide accurate information about their luggage when asked by the Australian Quarantine and Inspection Service (AQIS). Failure to do so may result in an infringement notice offence. Secondly, the Director of Quarantine is required to consider convictions against the Criminal Code when deciding to approve a place where goods subject to quarantine may be treated or otherwise dealt with. Additionally, the Director of Quarantine may also consider this information when deciding whether to suspend or revoke the approval.
The Quarantine Amendment Regulations 2002 (No. 1) includes provisions for offences, penalties, and consequences for breach. Travellers who give false or misleading information or fail to answer questions about their luggage may receive an infringement notice offence, with the penalty increased from 1 to 2 penalty units for certain offences and from half a penalty unit to 1 penalty unit in other cases. Additionally, the Director of Quarantine may take into account convictions against the Criminal Code when deciding to approve, suspend, or revoke an approval of a place where goods subject to quarantine may be treated or otherwise dealt with. Failure to comply with these requirements may result in civil or criminal consequences, such as fines or imprisonment. However, the maximum penalties for breach are not specified in the Explanatory Statement.