EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 28
QUARANTINE (ANIMALS) REGULATIONS (AMENDMENT)
Issued by the authority of the Minister for Health 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 the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Sub-section 46A(1) of the Act provides that where goods have been ordered into quarantine, a quarantine officer may approve a place other than a quarantine station as a place where the goods may perform quarantine. Sub-section 46A(2) further provides that where, in relation to any goods, a place has been approved under sub-section 46A(1) of the Act, any reference, inter alia, in section 56 to a quarantine station shall, in relation to those goods, be read as including a reference to that place. Under sub-section 5(1) of the Act, ‘goods’ includes a reference to an animal.
Section 56 of the Act provides, inter alia, that all animals ordered into quarantine may forthwith be conveyed to a quarantine station and may be detained there for such period as is prescribed.
Regulation 35 of the Quarantine (Animals) Regulations provides that an animal of a certain class which is ordered into quarantine and conveyed to a quarantine station shall be detained in that quarantine station for the period specified in Schedule 2 to the Regulations.
New procedures for the control of the importation of live fish have recently been developed in response to the massive increase in the importation of aquarium fish made possible by the development of rapid air transport.
The increase in the importation of aquarium fish has raised concern about the risk of introduction of diseases of fish, prohibited fish species, water-borne disease organisms and exotic pests such as snails and weeds.
The Senate Standing Committee on National Resources in its report on the ‘Adequacy of Quarantine’ has recommended the introduction of appropriate controls over these imports to prevent the possible introduction of pests or disease.
Quarantine Proclamation No. 112A, which was made on 11 November 1983 as part of the new system for the control of the importation of live fish, places conditions on the importation of fish into Australia so that their importation would not introduce or lead to the spread of pests or disease. The regulations extend the new system to ensure appropriate protection against the introduction of disease through post entry controls.
Regulation 1 of the regulations inserts sub-regulation 35(5) into the Regulations to provide that where an animal that has been ordered into quarantine is conveyed to a place approved under sub-section 46A(1) of the Act, a reference in this regulation to a quarantine station shall be read as a reference to that approved place. Sub-regulation 35(5) ensures fish are quarantined in premises specially designed and built to accommodate them and operated by the importer subject to regular supervision by Quarantine officers.
Regulation 2 amends Schedule 2 to the Regulations to provide that fish must spend a period of 14 days detention in a quarantine station or other approved place.
Overview
The Quarantine (Animals) Regulations (Amendment) Statutory Rules 1984 No. 28 were introduced by the Parliament of Australia to address the growing concerns over the potential risks associated with the importation of live fish, particularly aquarium fish, into Australia. The amendment responds to the Senate Standing Committee on National Resources' recommendation to implement appropriate controls over fish imports to prevent the introduction of pests and diseases. The objective of these regulations is to extend the control measures already established in Quarantine Proclamation No. 112A, ensuring that fish are quarantined in specially designed premises under the supervision of quarantine officers. By enacting these amendments, the government seeks to mitigate the risks posed by the increasing number of imported aquarium fish, safeguarding Australia's aquatic ecosystems from potential threats.
Scope and Application
The Quarantine (Animals) Regulations (Amendment) Statutory Rules 1984 No. 28, made under the authority of the Minister for Health and pursuant to Section 87 of the Quarantine Act 1908, apply to the importation of live fish into Australia. The regulations are designed to control the risk of introducing diseases, prohibited fish species, and exotic pests through increased importation facilitated by rapid air transport. These regulations extend the application of the Quarantine Act to ensure that imported fish are quarantined in specially designed premises operated by the importer but supervised by quarantine officers, as per the new procedures developed to address the heightened risk of disease and pest introduction. The geographic scope of these regulations is national, applying across Australia, with the objective of protecting Australia's aquatic ecosystems and biodiversity from potential threats posed by imported live fish. Exemptions or exclusions are not explicitly stated in the provided excerpt, but the regulations are structured to ensure thorough quarantine and supervision of imported fish, reflecting the legislative intent to maintain stringent control over such imports.
Key Provisions
The main operative sections of these regulations (sub-regulation 35(5) and Schedule 2) require that live fish imported into Australia be quarantined in premises specifically designed and constructed for this purpose. This applies regardless of whether the quarantine is conducted at an official quarantine station or an approved alternative location. These provisions ensure that the fish are detained for a period of 14 days (sub-regulation 35(5) and Schedule 2), providing an opportunity for thorough inspection and assessment to prevent the introduction of diseases or pests. The regulations also allow for the approval of alternative quarantine locations (sub-regulation 35(5)), as long as they meet the necessary standards and are subject to regular supervision by quarantine officers.
The obligations imposed on parties by these regulations include ensuring that live fish are quarantined in appropriate premises and for the required period of 14 days (sub-regulation 35(5) and Schedule 2). Importers and owners of the fish must comply with the conditions set out in Quarantine Proclamation No. 112A to prevent the introduction of pests or diseases. Furthermore, if an alternative location is used for quarantine, it must be approved by a quarantine officer and be subject to regular supervision (sub-regulation 35(5)). This ensures that the required standards are maintained throughout the quarantine period.
Failure to comply with these regulations may result in various penalties and consequences. Firstly, the importation of live fish that do not meet the quarantine requirements could lead to the introduction of diseases or pests, which could have severe ecological and economic impacts. Secondly, individuals or entities found in breach of these regulations may face fines, penalties, or other legal actions under the Quarantine Act 1908 (section 87). The maximum penalties for such offences are not specified in the regulations, but they can be found in the Act itself or in other relevant legislation. It is essential for importers and owners of live fish to ensure they comply with these regulations to avoid any potential consequences.