Quarantine Amendment Regulations 2003 (No. 1) 2003 No. 36
EXPLANATORY STATEMENT
STATUTORY RULES 2003 No. 36
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Quarantine Act 1908
Quarantine Amendment Regulations 2003 (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. Paragraph 87(1)(sa) of the Act provides that the Governor-General may make regulations enabling a person who is alleged to have contravened a provision of the Act or the Regulations to pay to the Commonwealth, as an alternative to prosecution, a penalty of not more than 10 penalty units.
Part 6 of the Quarantine Regulations 2000 establishes infringement notice offences and infringement notices as an alternative to prosecution. Regulation 59 defines an infringement notice offence as (a) a contravention of subsections 70A(3) or (4) of the Quarantine Act by a person who travelled to Australia or the Cocos Islands on an overseas vessel, or (b) a contravention of subregulation 58(1). Subregulation 58(1) provides that a person must not give a false or misleading answer to a question about a quarantine matter on an Incoming Passenger Card or a Master and Crew Declaration Card. This provision does not apply to persons leaving the vessel other than international passengers or crew who complete the cards.
Subsections 70A(3) and (4) of the Quarantine Act provide that a person is guilty of an offence if, in relation to a question from a quarantine officer about goods that they are carrying or otherwise associated with on an overseas vessel, they fail to answer the question or provide a false or misleading statement. Section 70A applies to all persons disembarking from overseas vessels including, but not limited to, international passengers, crew, visitors to the vessel, service people, and domestic passengers travelling the domestic leg of an international journey.
However, paragraph (a) of regulation 59 restricts the definition of infringement notice offences to a contravention of section 70A(3) or (4) by "a person who travelled to Australia or the Cocos Islands on an overseas vessel". While this may include a majority of people disembarking from an overseas vessel, it does not include visitors to the vessel, service people, and domestic passengers travelling the domestic leg of an international journey. In each case, there is a significant risk that these persons may attempt to import items of quarantine concern from either the vessel or other passengers.
The purpose of the proposed Regulations is to increase the range of persons to whom a quarantine infringement notice may be served under regulation 60 by amending the definition of "quarantine infringement offence" under paragraph (a) of regulation 59. The proposed Regulations would also clarify in regulation 4 that the reference to "first port of entry" in paragraph (a) of regulation 59 includes first ports of entry in the Cocos Islands.
The amendment to regulation 59 would remove the requirement in paragraph (a) that a person in contravention of section 70A(3) or (4) needs to have travelled to Australia or the Cocos Islands on an overseas vessel.
The effect of this amendment would allow quarantine officers to serve quarantine infringement notices on any person who, in the act of leaving an overseas vessel, fails to answer questions about their luggage or makes a false or misleading statement. This would significantly enhance the effectiveness of quarantine intervention at seaports and airports, and increase quarantine awareness amongst all persons who interact with overseas vessels.
Details of the amendments are set out below:
Regulation 1 provides that the Regulations are named the Quarantine Amendment Regulations 2003 (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 inserts a definition of first port of entry to include a "first Cocos Islands port of entry".
Item 2 inserts "First Cocos Islands port of entry" after the word "exposed" in the Note immediately preceding regulation 5. The Note lists expressions used in the Regulations, which are defined in the Act.
Item 3 substitutes a new definition for infringement notice offence. The effect of this amendment is to increase the range of persons to whom quarantine infringement notices may apply. Essentially, the amendment extends infringement notice offences to any person who contravenes subsections 70A(3) or (4) of the Act, whether or not they have travelled to Australia or the Cocos Islands on an overseas vessel.
Overview
The Quarantine Amendment Regulations 2003 (No. 1) were enacted to address a gap in the existing regulatory framework concerning the application of infringement notices in relation to quarantine offences. This amendment was introduced under the authority of the Quarantine Act 1908, with the intent to expand the scope of persons who may be subject to quarantine infringement notices. Previously, the definition of infringement notice offences under regulation 59 was limited to persons who had travelled to Australia or the Cocos Islands on an overseas vessel. The primary objective of these amendments is to enhance the effectiveness of quarantine intervention by allowing quarantine officers to serve infringement notices to a broader range of individuals, including visitors to the vessel, service personnel, and domestic passengers travelling on the domestic leg of an international journey. This expansion aims to increase quarantine awareness and compliance among all individuals interacting with overseas vessels.
Scope and Application
The Quarantine Amendment Regulations 2003 (No. 1) aim to broaden the scope of the Quarantine Act 1908 by modifying the definition of "quarantine infringement offence" under regulation 59 of the Quarantine Regulations 2000. The existing regulation limited the application of infringement notices to persons who travelled to Australia or the Cocos Islands on an overseas vessel and failed to answer questions about their luggage or provided false or misleading statements. However, this definition did not cover all persons who disembark from overseas vessels, such as visitors, service personnel, and domestic passengers. The amendment ensures that quarantine infringement notices can be issued to any person who fails to answer questions about their luggage or provides false or misleading statements upon leaving an overseas vessel, enhancing the effectiveness of quarantine interventions and raising awareness among all individuals who interact with overseas vessels. The regulations also clarify that the "first port of entry" includes the first Cocos Islands port of entry.
The amendments do not create any exclusions, exemptions, or thresholds beyond what is already specified in the Quarantine Act 1908 and the Quarantine Regulations 2000. They extend the application of infringement notices to a broader group of individuals to better enforce quarantine regulations and protect Australia's borders from potential quarantine risks. The Regulations, which commence on gazettal, are made under the authority of the Minister for Agriculture, Fisheries and Forestry and align with the objectives of the Quarantine Act to regulate and control the introduction of pests, diseases, and other contaminants into Australia.
Key Provisions
The Quarantine Amendment Regulations 2003 (No. 1) (the Regulations) are amendments to the Quarantine Regulations 2000, which govern the administration of the Quarantine Act 1908 (the Act). The primary change introduced by these Regulations is to expand the definition of 'quarantine infringement offence' under regulation 59 (paragraph 59(a)) of the Quarantine Regulations 2000. Previously, a quarantine infringement offence was restricted to individuals who had travelled to Australia or the Cocos Islands on an overseas vessel and failed to answer questions from quarantine officers or provided false or misleading statements. The Regulations now broaden this definition to include any person who fails to answer questions about their luggage or provides false or misleading statements when leaving an overseas vessel. This amendment is intended to enhance the effectiveness of quarantine interventions at seaports and airports and to increase awareness of quarantine requirements among all individuals who interact with overseas vessels. Regulation 1 states the name of the Regulations as the Quarantine Amendment Regulations 2003 (No. 1). Regulation 2 specifies that the Regulations commence on the day of their gazettal. Regulation 3 indicates that Schedule 1 of the Regulations amends the Quarantine Regulations 2000.
The Regulations impose obligations on individuals who disembark from overseas vessels. They must comply with the requirements of the Quarantine Act and the Regulations, including providing truthful answers to questions from quarantine officers and completing relevant documentation accurately. Failure to do so may result in the issuance of an infringement notice, which is an alternative to prosecution. The expanded definition of 'quarantine infringement offence' in regulation 59 now includes any person who fails to answer questions about their luggage or provides false or misleading statements when leaving an overseas vessel, thereby broadening the scope of individuals who can be subject to a quarantine infringement notice. The Regulations also clarify that the term 'first port of entry' includes first ports of entry in the Cocos Islands, as detailed in Schedule 1, Item 2.
Breaching the provisions of the Quarantine Act or the Regulations may result in civil or criminal consequences. Under the amended regulation 59, any person who contravenes subsections 70A(3) or (4) of the Act by failing to answer questions from quarantine officers or providing false or misleading statements is liable to an infringement notice. The maximum penalty for an infringement notice offence under the Quarantine Regulations 2000 is set at 10 penalty units, as per section 87 of the Act. A penalty unit is currently $222. If a person refuses to pay the infringement notice, the matter may be referred to a court, which can impose a more severe penalty. Failure to comply with the requirements of the Quarantine Act and the Regulations may also result in criminal charges, with potential penalties including fines and imprisonment, depending on the seriousness of the offence.