Quarantine (Animals) Regulations (Amendment)

Legislation au C2004L00614 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1939. No. 139.

 

REGULATIONS UNDER THE QUARANTINE ACT 1908-1924.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Quarantine Act 1908-1924.

Dated this second day of November, 1939.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

FRED H. STEWART

Minister of State for Health.

 

Amendments of the Quarantine (Animals) Regulations.

General amendments.

1. The Quarantine (Animals) Regulations are amended by omitting from regulations 11, 16, 19, 22, 24, 26, 30, 34, 65, 66 and 68, and from the Second Schedule, the words “the Irish Free State” (wherever occurring) and inserting in their stead the word Eire”.

Definitions.

2. Regulation 4 of the Quarantine (Animals) Regulations is amended by inserting in sub-regulation (1.), after the definition of “constable”, the following definition:—

“‘England’ includes Wales and Monmouthshire;”.

Cattle from New Zealand.

3. Regulation 15 of the Quarantine (Animals) Regulations is amended by adding at the end thereof the following paragraph:—

“; and (d) a certificate by an approved veterinary surgeon that a blood sample collected by him during the period of fourteen days next preceding the date of shipment, and submitted to the agglutination test for Brucellosis at a laboratory, proved negative.”.

Cattle from Great Britain, Northern Ireland, Eire and the Channel Islands.

4. Regulation 16 of the Quarantine (Animals) Regulations is amended—

(a) by omitting from sub-paragraph (ii) of paragraph (a) the word “and”;

(b) by adding at the end of paragraph (a) the following sub-paragraph:—

“; and (iv) that it has been subjected to a blood test for Brucellosis, in the case of an animal shipped from England, during the period of fourteen days next preceding the date of entering the quarantine station, or, in the case of an animal shipped from any country specified in sub-paragraph (iv) of paragraph (c) of this regulation, during the period of fourteen days next preceding the date of shipment;”; and

 

* Notified in the Commonwealth Gazette on , 1939.

† Statutory Rules 1935, No. 71, as amended by Statutory Rules 1936, No. 37; 1937, No. 69 and 1938, No. 95.


(c) by adding at the end of paragraph (b) the following words:—

“, and that a blood sample collected by him, in the case of an animal shipped from England, during the period of fourteen days next preceding the date of the animal entering the quarantine station, or, in the case of an animal shipped from any country specified in sub-paragraph (iv) of paragraph (c) of this regulation, during the period of fourteen days next preceding the date of shipment, and submitted to the agglutination test for Brucellosis at a laboratory, proved negative;”.

Cattle from Canada or the United States of America.

5. Regulation 17 of the Quarantine (Animals) Regulations is amended—

(a) by omitting from sub-paragraph (iii) of paragraph (a) the word “and” (last occurring);

(b) by adding at the end of paragraph (a) the following sub-paragraph :—

“; and (v) that it has been subjected to a blood test for Brucellosis during the period of fourteen days next preceding the date of shipment;” and

(c) by adding at the end of paragraph (b) the following words:—

“, and that a blood sample collected by him during the period of fourteen days next preceding the date of shipment, and submitted to the agglutination test for Brucellosis at a laboratory, proved negative;”.

Poultry from Great Britain, Northern Ireland, Eire and the Channel Islands.

6. Regulation 26 of the Quarantine (Animals) Regulations is amended by inserting after the word “turkeys” (first occurring) the word “, geese”.

7. Regulation 27 of the Quarantine (Animals) Regulations is repealed and the following regulation inserted in its stead:—

Birds other than poultry.

“27. Birds (other than fowls, ducks, turkeys, geese and Guinea fowls) shall not be landed unless the following documents have been produced to the Chief Quarantine Officer:—

(a) a declaration by the owner or consignor made in the country from which the birds are exported and, if that country is not within the United Kingdom and is not a British possession, made before a British Consul or British Official Resident, stating—

(i) that the birds were born or were captured in the country from which they are exported;

(ii) that they are free from disease, and while in his possession have not been in contact with any birds (including poultry) suffering from disease; and

(iii) in the case of budgerigars (love birds) from Great Britain and New Zealand, that they were born in captivity; and


(b) a certificate by a Government veterinary surgeon at the port of shipment certifying—

(i) that on examination the birds have been found free from disease;

(ii) that the disease known as fowl pest in any of its varieties is not known to exist in the country from which the birds are exported; and

(iii) that he has no reason to doubt the truth of the declaration referred to in paragraph (a) of this regulation.”.

Removal of hides and skins to tannery.

8. Regulation 75 of the Quarantine (Animals) Regulations is amended by inserting in sub-regulation (1.), after the word “and” (second occurring), the words “hides and”.

Furred skins.

9. Regulation 76 of the Quarantine (Animals) Regulations is amended by inserting in sub-regulation (1.), after the word “country”, the words “(other than furred skins from New Zealand, Fiji, Norfolk Island, Western Samoa, New Caledonia, Tonga or the New Hebrides)”.

Commencement of regulations 6 and 7.

10. Regulations 6 and 7 of these Regulations shall come into operation on the first day of January, 1940.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1939 No. 139, titled Regulations under the Quarantine Act 1908-1924, were enacted by the Governor-General in Council to amend the Quarantine (Animals) Regulations, thereby addressing the need to update the legislative framework concerning the importation of animals and animal products. These amendments were necessitated by changes in geopolitical entities, the emergence of new health risks such as Brucellosis, and the need to clarify definitions and requirements for animal imports. The policy objective of these regulations is to ensure that all animals entering Australia are free from disease and comply with updated sanitary standards, thereby protecting Australia's livestock and public health from potential threats.

Scope and Application

The Quarantine (Animals) Regulations, established under the Quarantine Act 1908-1924, apply to the importation of animals, animal products, and certain birds into Australia. These regulations are applicable to persons and entities involved in the importation of animals and animal products, including livestock such as cattle, sheep, and poultry, as well as hides, skins, and other animal-derived materials. The regulations govern the geographic scope of the Commonwealth of Australia, ensuring that imports adhere to stringent health and safety standards to prevent the introduction of diseases. The regulations include specific amendments concerning the testing and certification requirements for animals from various countries, notably requiring blood tests for Brucellosis for cattle imported from certain regions. The regulations also address the importation of poultry and other birds, stipulating that they must be free from disease and accompanied by appropriate documentation. Certain exclusions are noted, such as furred skins from specified territories that are exempt from certain requirements. The regulations extend their application through subordinate instruments, allowing for further amendments and clarifications as needed.

Key Provisions

The Statutory Rules 1939, No. 139, made under the Quarantine Act 1908-1924, brings about several amendments to the Quarantine (Animals) Regulations, primarily targeting the terminology and requirements for animal imports. For instance, the term "Irish Free State" is replaced with "Eire" across several sections (regulations 11, 16, 19, 22, 24, 26, 30, 34, 65, 66, 68 and the Second Schedule) (1). Additionally, a new definition is inserted in regulation 4, defining "England" to include Wales and Monmouthshire (2). The amendments also introduce new requirements for blood tests for Brucellosis for cattle imported from various countries, including New Zealand (3), Great Britain, Northern Ireland, Eire, and the Channel Islands (4), as well as Canada and the United States (5). For poultry, the definition is expanded to include geese (6), while a new regulation is introduced for birds other than poultry, requiring specific declarations and veterinary certificates (7). The removal of hides and skins to a tannery is now covered under the regulations (8), and the definition of "country" is amended to exclude furred skins from specific territories (9). Regulations 6 and 7 will come into effect on 1 January 1940 (10). The amended Quarantine (Animals) Regulations impose several obligations on the parties involved in animal imports. Importers and consignors must ensure that all animals meet the specified health requirements, including blood tests for Brucellosis and veterinary certificates, as outlined in the regulations. For cattle, this involves obtaining a certificate from an approved veterinary surgeon confirming a negative Brucellosis test result within 14 days before shipment (3, 4, 5). For poultry, the regulations require specific declarations and veterinary certificates to be produced, especially for birds other than poultry (7). Additionally, the removal of hides and skins to a tannery must comply with the new provisions (8). These obligations are essential to prevent the introduction of diseases into Australia and to maintain the health standards set by the Quarantine Act. Breaches of the amended Quarantine (Animals) Regulations may result in various consequences, although specific penalties are not detailed within the legislation. Generally, violations of quarantine regulations can lead to civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach. The specific penalties would be determined by the relevant authorities, such as the Department of Agriculture or state quarantine agencies, and may vary based on the nature and extent of the violation. It is important for importers and consignors to adhere to the requirements to avoid any potential legal repercussions.

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