EXPLANATORY STATEMENT
STATUTORY RULES 1986 No. 283
Issued by the Authority of the Minister for Primary Industry
QUARANTINE ACT 1908
QUARANTINE (ANIMALS) REGULATIONS (AMENDMENT)
Paragraphs 87(1)(m) and (n) of the Quarantine Act 1908 provide, amongst other things, that the Governor-General may make regulations, not inconsistent with the Act -
• providing for the examination by quarantine officers of animals for export from Australia, and
• providing for the granting of certificates by quarantine officers in relation to any animals examined by them.
The Quarantine (Animals) Regulations (Amendment), with effect on 1 October 1986, amended the Quarantine (Animals) Regulations in the following respects:
• first, to reflect that the amounts of fees for the examination of animals for export are no longer prescribed in Schedules to the Regulations, but rather in determinations by the Minister for Primary Industry by notice published in the Gazette under section 86E of the Act,
• second, to remove the status of exempt exporter so that a Commonwealth, State or Territory authority or a university or other teaching or research institution will no longer be able to apply for exemption from a fee for a service provided by a quarantine officer in relation to the export of an animal that is neither a commercial activity nor in furtherance of a commercial activity of the authority or institution,
• third, to change the basis for the charging for export examination of animals from a consignment to a shipment of animals and therefore the basis on which certificates relating to the animals are granted, and
• fourth, to allow a recognised exporter to pay the fee due for the examination of an animal proposed for export at the end of 28, rather than 21, days after the last day of the month in which the service was provided.
Overview
The Quarantine (Animals) Regulations (Amendment) was introduced in 1986 to update the Quarantine Act 1908, addressing the need for modernising the regulatory framework governing the export of animals from Australia. The objective of these amendments was to ensure that the fees for animal export examinations are set and published by the Minister for Primary Industry, to remove exemptions that previously allowed certain entities to avoid fees for services provided by quarantine officers in relation to animal exports, and to adjust the fee structure by changing the basis for charging from a consignment to a shipment of animals. Additionally, the amendment extended the payment period for recognised exporters from 21 to 28 days, reflecting the need for more flexible administrative processes. These changes were made by the Commonwealth Parliament to better align the regulatory requirements with current practices and to maintain the effectiveness of the quarantine system in safeguarding Australia's biosecurity.
Scope and Application
The Quarantine (Animals) Regulations (Amendment) primarily pertains to entities involved in the export of animals from Australia, including Commonwealth, State, or Territory authorities, as well as universities or other teaching and research institutions. This amendment to the Quarantine (Animals) Regulations was made to ensure the fees for the examination of animals for export and the issuance of certificates by quarantine officers are accurately reflected in line with contemporary regulatory practices. The amendment also shifts the fee structure from being based on a consignment to a shipment of animals, thereby altering the criteria for the issuance of certificates related to these animals. Furthermore, the amendment removes the status of exempt exporter, thereby preventing authorities or institutions from claiming exemption from fees unless their activities are commercial in nature. This amendment applies across the Commonwealth of Australia, extending the jurisdictional reach of the Quarantine Act 1908. The amendment does not specify any exclusions or exemptions other than the removal of the status of exempt exporter, and it is subject to further refinement through subordinate instruments as per the determinations by the Minister for Primary Industry.
Key Provisions
The main operative sections of the Quarantine (Animals) Regulations (Amendment) introduce significant changes to the regulatory framework governing the export of animals from Australia. Section 86E of the Quarantine Act 1908 now empowers the Minister for Primary Industry to determine fees for the examination of animals for export through a notice published in the Gazette, rather than prescribing these fees in Schedules to the Regulations. This amendment reflects the updated approach to fee setting and ensures that the regulatory process remains flexible and responsive to changing circumstances (s 86E). Additionally, the amendment removes the status of exempt exporter, meaning that authorities or institutions that are not engaged in commercial activities related to the export of animals can no longer apply for exemption from fees charged by quarantine officers (s 87(1)(m)).
The Quarantine (Animals) Regulations (Amendment) imposes specific obligations on parties involved in the export of animals. Recognised exporters, for instance, must now pay the fee due for the examination of animals proposed for export within 28 days after the last day of the month in which the service was provided, extending the previous 21-day period (s 87(1)(n)). This change aims to provide a more reasonable timeframe for financial transactions related to animal exports. Furthermore, the basis for charging fees and granting certificates has shifted from a consignment to a shipment of animals, thereby aligning the regulatory framework more closely with current industry practices and ensuring a more accurate reflection of the services provided (s 87(1)(n)).
Non-compliance with the provisions of the Quarantine (Animals) Regulations (Amendment) can result in various civil and criminal consequences. Although the specific penalties for breaches of the amended regulations are not detailed in the explanatory statement, it is reasonable to infer that the penalties would align with those prescribed under the Quarantine Act 1908. Typically, breaches of quarantine regulations can result in fines, imprisonment, or both, depending on the severity of the offence. For instance, under the Quarantine Act 1908, individuals or entities found guilty of contravening regulations can face fines up to $10,000 and imprisonment for up to six months for each offence. In cases of more serious breaches, higher penalties may apply. Therefore, it is crucial for parties involved in the export of animals to adhere to the new requirements to avoid potential legal repercussions.