EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 70
QUARANTINE (ANIMALS) REGULATIONS (AMENDMENT)
Issued by the authority of the Minister for Health
Section 87 of the Quarantine Act 1908 (‘the Act’) empowers the Governor-General to make regulations, not inconsistent with that Act, prescribing all matters which by that Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to that Act. In particular, the Governor-General may make regulations to provide for the examination by quarantine officers of animals for export, to provide for the granting of certificates by quarantine officers in relation to any animals or goods examined or treated by them or under their supervision, and to prescribe the fees payable in respect of examinations, services or certificates by quarantine officers and the persons by whom the fees are payable.
Animal health aspects of export inspection are carried out under the authority of the Quarantine Act 1908 and the Quarantine (Animals) Regulations for which the Minister for Health has prime responsibility. The Department of Primary Industry oversees and co-ordinates
the inspection and health certification of animals for export, but most of the actual inspections are conducted by State and Northern Territory Departments responsible for agriculture on behalf of the Commonwealth, and their costs are reimbursed by the Commonwealth.
The regulations give effect to a Government decision to introduce charges to recoup 50% of the cost to the Commonwealth of providing the animal export inspection service in conformity with policy adopted generally for export inspection services. These regulations impose a fee for service on animals inspected for export for which a certificate of health is issued. The fees are payable by the exporter.
The schedule of charges reflects the cost to the Commonwealth of providing the export inspection service for each animal category averaged across Australia.
The States and Northern Territory have agreed also to collect the fees on behalf of the Commonwealth.
Quarantine (Animals) Regulation 96A requires an animal that is a bird or a mammal to be examined prior to
export. In practice, other animals are inspected where this is required by the importing country. The regulations provide for charges to be applied to animals other than birds or mammals, where an examination has been requested by an exporter.
The regulations are expressed to come into operation on 1 July 1983.
Overview
The Quarantine (Animals) Regulations (Amendment) 1983 was enacted to address the need for recouping a portion of the costs associated with the animal export inspection service provided by the Commonwealth. This was established under the authority of the Quarantine Act 1908, which empowers the Governor-General to make regulations necessary for carrying out the provisions of the Act. Specifically, these regulations were introduced to ensure that the Commonwealth could recover 50% of the costs involved in the export inspection service, aligning with the broader policy of cost recovery for export inspection services. The policy objective outlined in the explanatory statement is to impose a fee for the service provided to exporters, with the fees being collected by the States and Northern Territory on behalf of the Commonwealth. These amendments thus formalise the charging structure to cover part of the cost of the service, ensuring that the export inspection process remains financially sustainable while maintaining the required standards for animal health and export certification.
Scope and Application
The Quarantine (Animals) Regulations (Amendment) Statutory Rules 1983 No. 70 applies to all animals intended for export from Australia, focusing on the health inspection and certification processes required under the Quarantine Act 1908. This regulation primarily affects exporters of animals, ensuring that they comply with the requirements set forth for health certification prior to export. The geographic reach of these regulations is national, as they apply across all states and territories of Australia. The fees outlined in these regulations are intended to cover 50% of the Commonwealth's costs associated with providing the animal export inspection service, reflecting an average cost across the country. Notably, the States and Northern Territory have agreed to collect these fees on behalf of the Commonwealth. The regulations stipulate that birds and mammals must be examined prior to export, with additional charges applied to other animals if examination is requested by the exporter. These amendments are designed to come into effect on 1 July 1983, and the scope of their application is supported by subordinate instruments that provide further detail on the fees and the inspection process.
Key Provisions
The primary operative sections of the Quarantine (Animals) Regulations (Amendment) Statutory Rules 1983 No. 70, as referenced in the explanatory statement, focus on the introduction and implementation of fees for animal export inspection services. Section 96A mandates the examination of birds and mammals before export and allows for charges to be applied to other animals if an examination is requested by the exporter. These regulations, which came into operation on 1 July 1983, are a response to a policy decision to recoup 50% of the Commonwealth's costs for providing these inspection services. The fees are calculated based on the average cost of the service across Australia and are payable by the exporter.
Under these regulations, the obligations of the parties involved are clearly defined. The exporter is required to ensure that the animals intended for export are examined by a quarantine officer and that any applicable fees are paid. The Commonwealth, through the Department of Primary Industry, is responsible for overseeing and coordinating the inspection process, with the actual inspections being conducted by State and Northern Territory Departments responsible for agriculture. The States and Northern Territory have the additional responsibility of collecting the fees on behalf of the Commonwealth.
In terms of penalties and consequences, the explanatory statement does not explicitly mention any specific offences or penalties for breach of these regulations. However, it is implied that failure to comply with the requirements for examination and payment of fees could result in the animals not being cleared for export. While the explanatory statement does not detail the maximum penalties, it can be inferred that non-compliance could lead to significant delays or denial of export permissions, which could have substantial financial and logistical repercussions for the exporter.