Quarantine Amendment Regulations 2002 (No. 2) 2002 No. 285
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 285
Issued by the authority of the Minister for Agriculture Fisheries and Forestry
Quarantine Act 1908
Quarantine Amendment Regulations 2002 (No. 2)
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.
Subsection 22(2) of the Act provides that the master of a vessel in port shall forthwith give notice in writing to a quarantine officer of every case of any prescribed disease which was on his or her vessel when it arrived in the port or which has arisen on his or her vessel since it arrived in the port. Subsection 34(3) of the Act provides that all persons landed in pursuance of section 34 shall continue subject to quarantine until such period as is prescribed, and, while so subject, shall be under quarantine surveillance and shall comply with the regulations relating to quarantine surveillance.
The purpose of the Regulations is to prescribe smallpox for the purposes of subsection 22(2) of the Act; and the quarantine period for smallpox for the purposes of subsection 34 (3) of the Act.
The Regulations impose an obligation on the master of a vessel in port to forthwith give notice in writing to a quarantine officer of every case of smallpox which was on his or her vessel when it arrived in port or which has arisen in his or her vessel since it arrived in port. The Regulations also ensure that persons, who are permitted under section 34 of the Act to land from a vessel that a quarantine officer is not satisfied is free from infection from smallpox, are subject to quarantine for 21 days and are under quarantine surveillance for that period.
The Regulations, together with the amendment to the Quarantine Proclamation 1998 to declare smallpox a quarantinable disease will strengthen Australia's preparedness to apply appropriate quarantine controls under the Act in response to an outbreak of smallpox in a foreign country or within Australia. The World Health Organization declared smallpox eradicated from the world in 1980 and routine vaccination against smallpox has not been undertaken in Australia for over 50 years. Although an outbreak of smallpox in Australia is considered to be unlikely, it would have serious consequences for the Australian population because immunity to the virus is virtually nonexistent.
Details of the amendment are set out below:
Regulation 1 provides that the Regulations are named the Quarantine Amendment Regulations 2002 (No. 2).
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 Amendments
Item 1 amends subregulation 6 (1) by including smallpox within the list of diseases prescribed for the purposes of section 22 of the Quarantine Act 1908. The effect of this amendment is to impose an obligation on the master of a vessel in port to forthwith give notice in writing of every case of smallpox which was on his or her vessel when it arrived in port or which has arisen on his or her vessel since it arrived in port.
Item 2 makes a minor stylistic amendment to paragraph 42 (1) (e) to provide for the amendment in Item 3.
Item 3 amends subregulation 42 (1) by prescribing a period of 21 days for smallpox. The period is prescribed for the purposes of subsection 34(3) of the Act. This amendment has the effect of prescribing a period during which persons who have landed from a vessel that a quarantine officer is not satisfied is free from smallpox are subject to quarantine and under quarantine surveillance.
Item 4 amends the note at the end of subregulation 42(1) as a consequence of the amendment to the Quarantine Proclamation 1998 to declare smallpox a quarantinable disease.
Overview
The Quarantine Amendment Regulations 2002 (No. 2) were enacted to address the gap in existing quarantine regulations concerning the disease smallpox, which had not been a focus of regulation since its eradication globally in 1980. The Regulations were issued under the authority of the Minister for Agriculture, Fisheries and Forestry and amend the Quarantine Regulations 2000 to include provisions specific to smallpox. The primary objective of these Regulations is to ensure that Australia is prepared to manage a potential outbreak of smallpox by imposing mandatory notification requirements for cases on vessels arriving in Australian ports and stipulating a quarantine period of 21 days for individuals arriving from affected areas. This legislative action, alongside the amendment of the Quarantine Proclamation 1998 to classify smallpox as a quarantinable disease, aims to reinforce Australia's quarantine protocols, recognising the significant public health risk posed by the re-emergence of the disease in a population with virtually no immunity.
Scope and Application
The Quarantine Amendment Regulations 2002 (No. 2) applies to the master of any vessel arriving in an Australian port and to any person disembarking from a vessel that a quarantine officer is not satisfied is free from infection from smallpox. These Regulations extend the application of the Quarantine Act 1908 by prescribing smallpox as a quarantinable disease, imposing specific obligations on the master of a vessel to notify the relevant authorities of any smallpox cases, and setting a quarantine period for individuals disembarking from vessels potentially carrying the disease. The Regulations are applicable nationally, ensuring a uniform approach across Australia in managing the risk of a smallpox outbreak. Any person who fails to comply with these Regulations may face legal consequences under the Act. Subordinate instruments, such as the Quarantine Proclamation 1998, may further extend or detail the application of these Regulations.
Key Provisions
The main operative sections of the Quarantine Amendment Regulations 2002 (No. 2) involve prescribing the disease smallpox for the purposes of the Quarantine Act 1908 (referred to as the Act). Regulation 1 names the Regulations as the Quarantine Amendment Regulations 2002 (No. 2) and Regulation 2 establishes that they commence on gazettal. Regulation 3 specifies that Schedule 1 amends the Quarantine Regulations 2000. Under Schedule 1, Item 1 inserts smallpox into the list of diseases prescribed for the purposes of section 22 of the Act (subregulation 6(1)), thereby imposing an obligation on the master of a vessel to notify a quarantine officer of any cases of smallpox on board. Item 3 prescribes a quarantine period of 21 days for smallpox, applicable to persons landing from a vessel that is not considered free from infection (subregulation 42(1)). Item 4 adjusts the note at the end of subregulation 42(1) to reflect the amendment of the Quarantine Proclamation 1998, which declares smallpox a quarantinable disease.
The Regulations impose several obligations on the parties they govern. Primarily, the master of a vessel arriving in port must provide written notice to a quarantine officer of any cases of smallpox present on board, either before or after arrival (subregulation 6(1)). Additionally, persons who land from a vessel that a quarantine officer is not satisfied is free from infection are subject to a 21-day quarantine period and must comply with quarantine surveillance regulations (subregulation 42(1)). These obligations ensure that any potential cases of smallpox are promptly identified and managed to prevent the spread of the disease.
Breach of the obligations imposed by these Regulations can result in significant consequences. While specific offences, penalties, or consequences are not detailed in the explanatory statement, the nature of the Regulations suggests that failure to comply with the requirement to notify a quarantine officer of smallpox cases could result in enforcement actions under the Act. Similarly, non-compliance with the quarantine period and surveillance requirements could also lead to legal repercussions. Given the serious public health implications of smallpox, the penalties for non-compliance are likely to be severe, reflecting the importance of adherence to these quarantine measures.