Quarantine Amendment (Sunshine Coast Airport) Proclamation 2016

Administered by Department of Agriculture

Legislation au F2016L00734 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by Authority of the Deputy Prime Minister and Minister for Agriculture and Water Resources

 

Quarantine Act 1908

 

Quarantine Amendment (Sunshine Coast Airport) Proclamation 2016

 

Legislative Authority

 

Subsection 13(1) of the Quarantine Act 1908 (the Act) provides that the Governor-General may make proclamations to declare any place or area in Australia, the Cocos Islands or Christmas Island to be first port of entry and a landing place for aircraft.

 

Subsection 13(1)(b) of the Act provides that the Governor-General may make proclamations to declare that imported animals, plants or other goods of a particular kind or description or having a particular use, may be landed.

 

Purpose

The purpose of the Quarantine Amendment (Sunshine Coast Airport) Proclamation 2016 (Amendment Proclamation) is to proclaim Sunshine Coast Airport Limited (Sunshine Coast) as a first port of entry and landing place for international aircraft services. The Amendment Proclamation will also allow for the landing of domestic dogs and domestic cats from New Zealand, as well as the landing of other goods, such as waste products.

Background

An overseas aircraft cannot land at non proclaimed landing places unless approval is provided in writing by the Minister under sections 20AA and 20D of the Act.

 

Section 20AA, provides that the Minister may give permission for an overseas aircraft to land, subject to necessary conditions (if any), in Australia, the Cocos Islands or Christmas Island.

 

Section 20D provides that the Director of Quarantine may give written permission for imported animals, plants or other goods to be landed at a non-proclaimed landing space in Australia or, the Cocos Islands or Christmas Island where an application has been made and any conditions complied with.

 

Impact and Effect

 

As a non-approved landing place for overseas aircraft, each international aircraft to arrive into Sunshine Coast requires individual regulatory approval including administrative approvals for landing as per section 20AA and Section 20D.

 

The Amendment Proclamation will allow Sunshine Coast to be a landing place for international aircraft and listed goods resulting in reduced regulatory approvals for airline operators and reduced administrative requirements for the Department of Agriculture and Water Resources.

 

Consultation

 

The Department of Agriculture and Water Resources has consulted with internal and external stakeholders including the Department of Immigration and Border Protection, the Department of Health, the Department of Infrastructure and Regional Development and Sunshine Coast. No concerns were raised.

 

The Office of Best Regulatory Practice (OBRP) was consulted and has considered that the amendments are minor in nature and therefore a Regulation Impact Statement is not required (OBPR Reference Number: 19782).

 

The Amendment Proclamation 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.

 

The Amendment Proclamation is a legislative instrument for the purposes of the Legislation Act 2003.

 

Details/ Operation

 

Details of the Quarantine Amendment (Sunshine Coast Airport) Proclamation 2016 are set out below.

Section 1 - Name

This section provides that the name of the Amendment Proclamation is the Quarantine Amendment (Sunshine Coast Airport) Proclamation 2016.

Section 2 – Commencement

This section provides for the Amendment Proclamation to commence on the day after registration.

Section 3 – Authority

This section provides that the Amendment Proclamation is made under the Quarantine Act 1908.

Section 4 – Schedules

This section provides that the Quarantine Proclamation 1998 is amended as set out in Schedule 1.

Schedule 1 - Amendments

Item 1 will insert “Sunshine Coast Airport” in section 9(2), table 2 as a Queensland first port of entry and landing place for overseas aircraft.

Item 2 will insert “Sunshine Coast Airport” in Column 2 and “Domestic cats and domestic dogs from New Zealand” in Column 3 in section 11, table 4 as a Queensland port where particular kinds or description of imported animals may be landed.

Item 3 will insert “Sunshine Coast Airport” in section 13A (1), table 6A as a Queensland port where imported goods (other than animals or plants) generally may be landed.

 

 

Attachment

 

 

Statement of Compatibility with Human Rights

 

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

 

Quarantine Amendment (Sunshine Coast Airport) Proclamation 2016

 

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

 

This Legislative Instrument amends the Quarantine Proclamation 1998 to proclaim Sunshine Coast Airport as a first port of entry and landing place for international aircraft services. This amendment will also allow for the landing of domestic dogs and domestic cats from New Zealand, as well as the landing of other goods, such as waste products to be removed from the aircraft.

 

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

Deputy Prime Minister and Minister for Agriculture and Water Resources

 

 

 

Overview

The Quarantine Amendment (Sunshine Coast Airport) Proclamation 2016 was enacted to address the administrative burden associated with the landing of international aircraft at Sunshine Coast Airport, which had not been officially proclaimed as a first port of entry under the Quarantine Act 1908. This proclamation, issued under the authority of the Governor-General pursuant to section 13(1) of the Act, aims to streamline regulatory processes by officially declaring Sunshine Coast Airport as a landing place for international aircraft and facilitating the landing of specific goods such as domestic animals from New Zealand and other waste products. This amendment alleviates the need for individual regulatory approvals for each international flight landing at the airport, thereby reducing administrative requirements for both airline operators and the Department of Agriculture and Water Resources. Consultations with relevant stakeholders, including the Department of Immigration and Border Protection, the Department of Health, the Department of Infrastructure and Regional Development, and Sunshine Coast Airport, did not raise any concerns. The Office of Best Regulatory Practice determined that the amendment is minor, thus exempting it from the need for a Regulation Impact Statement. The proclamation is also deemed compatible with human rights, as outlined in the attached Statement of Compatibility with Human Rights, ensuring that no applicable rights or freedoms are infringed upon by this legislative change.

Scope and Application

The Quarantine Amendment (Sunshine Coast Airport) Proclamation 2016 is an amendment to the Quarantine Act 1908, aiming to designate Sunshine Coast Airport in Queensland as a first port of entry and landing place for international aircraft services. This amendment streamlines the process for international flights by reducing the need for individual regulatory approvals and administrative requirements for both airline operators and the Department of Agriculture and Water Resources. Furthermore, it facilitates the landing of domestic cats and dogs from New Zealand, as well as other specified goods such as waste products. This amendment applies to any person or entity involved in the operation of international flights into Sunshine Coast Airport and the landing of specified goods, and it extends to the geographic jurisdiction of Queensland within Australia. The proclamation does not introduce any exclusions or exemptions but operates under the authority of the Quarantine Act, with further regulations potentially extending or restricting its application through subordinate instruments. The changes are considered minor and have been deemed compatible with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Quarantine Amendment (Sunshine Coast Airport) Proclamation 2016, under sections 1 to 4 and Schedule 1, makes several key amendments to the Quarantine Proclamation 1998. The most significant changes are the proclamation of Sunshine Coast Airport as a first port of entry and landing place for international aircraft services (section 9(2), table 2). Additionally, it allows for the landing of domestic cats and dogs from New Zealand (section 11, table 4) and the landing of other goods such as waste products at the airport (section 13A(1), table 6A). These changes enable the airport to handle more types of landings without requiring individual regulatory approvals for each flight, thereby streamlining operations for both airline operators and the Department of Agriculture and Water Resources. The Amendment Proclamation imposes several obligations on the parties involved. It mandates that the Department of Agriculture and Water Resources must now facilitate the landing of international aircraft, domestic animals from New Zealand, and other goods at Sunshine Coast Airport, provided they comply with the conditions specified in the Quarantine Act 1908. Airlines and other operators must ensure that their activities align with these new provisions, including the proper documentation and handling of any goods being landed at the airport. Moreover, the Department must continue to consult with relevant stakeholders to manage any risks associated with these increased activities. In terms of enforcement, any breach of the provisions outlined in the Amendment Proclamation could result in civil or criminal penalties, depending on the nature and severity of the breach. While specific penalties are not detailed in the explanatory statement, the Quarantine Act 1908 generally provides for fines and imprisonment for serious offences related to quarantine and biosecurity. For instance, under section 24 of the Quarantine Act, a person who contravenes certain provisions may be liable to a fine not exceeding $126,000 for an individual or $630,000 for a body corporate, and in some cases, imprisonment for up to two years. These penalties underscore the importance of compliance with the new regulations at Sunshine Coast Airport.

Legal classification tags

Area of Law
Environmental Law
Instrument
Proclamation
Concepts
Commencement Provisions
Regulatory Standards
Prohibited Conduct

Interactions

Authorises

All Versions

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.