Quarantine (Animals) Regulations (Amendment)

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STATUTORY RULES.

1938. No. 95.

REGULATIONS UNDER THE QUARANTINE ACT 1908-1924.*

I, THE ADMINISTRATOR of the Government of 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 twenty first day of September, 1938.

Administrator.

By His Excellency’s Command,

A.G. Cameron.

for Minister of State for Health.

Amendments of the Quarantine (Animals) Regulations.†

Horses, asses and mules from Great Britain, Northern Ireland, Eire and the Channel Islands.

1. Regulation 11 of the Quarantine (Animals) Regulations is amended by adding at the end thereof the following words:—

“; and

(d) a certificate by a Government veterinary surgeon certifying that after due inquiry he is satisfied either that there has been no case of foot and mouth disease in the country from which the animal is exported for three months next preceding the date of shipment, or that the fodder and bedding (being bedding derived from any cereal) accompanying the animal have been obtained from districts which have been free from foot and mouth disease during the period of three months next preceding the date of shipment and that the fodder and bedding have not been exposed to contamination during that period.”.

Horses, asses and mules from Canada, the United States of America and France.

2. Regulation 12 of the Quarantine (Animals) Regulations is amended—

(a) by omitting from sub-paragraph (iv) of paragraph (a) the word “fifteen” and inserting in its stead the word “fifty”;

(b) by inserting in sub-paragraph (iv) of paragraph (a) after the words “in which” the words “infectious anaemia”;

“(c) a certificate by a Government veterinary surgeon certifying—

(i) that infectious anaemia, dourine or epizootic lymphangitis neither exists, nor has been declared to exist,

* Notified in the Commonwealth Gazette on , 1938.

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

5241.—6/8.9.1938.—Price 5d.

during the twelve months next preceding the date of shipment of the animal, within fifty miles of the place from which the animal is exported, or in which it has been kept or housed during that period; and.

(ii) that after due inquiry he is satisfied either that there has been no case of foot and mouth disease in the country from which the animal is exported for three months next preceding the date of shipment, or that the fodder and bedding (being bedding derived from any cereal) accompanying the animal have been obtained from districts which have been free from foot and mouth disease during the period of three months next preceding the date of shipment and that the fodder and bedding have not been exposed to contamination during that period; and”.

Asses from Spain and Portugal.

3. Regulation 14 of the Quarantine (Animals) Regulations is amended—

(a) by omitting from sub-paragraph (iv) of paragraph (b) the word “fifteen” and inserting in its stead the word “fifty”;

(b) by inserting in sub-paragraph (iv) of paragraph (b) after the words “any place where” the words “infectious anaemia”;

(c) by inserting in sub-paragraph (i) of paragraph (d) after the word “that” where first appearing the words “infectious anaemia”;

(d) by omitting from sub-paragraph (i) of paragraph (d) the word “fifteen” and inserting in its stead the word “fifty”;

(e) by omitting from sub-paragraph (i) of paragraph (d) the word “and”; and

(f) by adding at the end of paragraph (d) the following words:—

“and

(iii) that after due inquiry he is satisfied either that there has been no case of foot and mouth disease in the country from which the animal is exported for three months next preceding the date of shipment, or that the fodder and bedding (being bedding derived from any cereal) accompanying the animal have been obtained from districts which have been free from foot and mouth disease during the period of three months next preceding the date of shipment and that the fodder and bedding have not been exposed to contamination during that period; and”.

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

4. Regulation 16 of the Quarantine (Animals) Regulations is amended by omitting sub-paragraph (ii) of paragraph (c) and inserting in its stead the following paragraph:—

“(ii) either that there has been no case of foot and mouth disease in the country from which the animal is exported for three months next preceding the date of shipment, or that the fodder and bedding (being bedding derived from any cereal) have been obtained from districts which have been free from foot and mouth disease during the period of three months next preceding the date of shipment and that the fodder and bedding have not been exposed to contamination during that period;”.

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 (ii) of paragraph (c) the word “and” where last appearing; and

(b) by omitting sub-paragraph (iii) of paragraph (c) and inserting in its stead the following sub-paragraph:—

“(iii) either that there has been no case of foot and mouth disease in the country from which the animal is exported for three months next preceding the date of shipment, or that the fodder and bedding (being bedding derived from any cereal) have been obtained from districts which have been free from foot and mouth disease during the period of three months next preceding the date of shipment and that the fodder and bedding have not been exposed to contamination during that period; and”.

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

6. Regulation 19 of the Quarantine (Animals) Regulations is amended by omitting sub-paragraph (iii) of paragraph (b) and inserting in its stead the following sub-paragraph:—

Sheep and Goats from Canada and the United States of America.

7. Regulation 20 of the Quarantine (Animals) Regulations is amended by omitting sub-paragraph (ii) of paragraph (b) and inserting in its stead the following:—

which have been free from foot and mouth disease during the period of three months next preceding the date of shipment and that the fodder and bedding have not been exposed to contamination during that period;”.

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

8. Regulation 22 of the Quarantine (Animals) Regulations is amended by omitting sub-paragraph (iii) of paragraph (b) and inserting in its stead the following:—

“(iii) either that there has been no case or foot and mouth disease in the country from which the animal is exported for three months next preceding the date of shipment, or that the fodder and bedding (being bedding derived from any cereal) have been obtained from districts which have been free from foot and mouth disease during the period of three months next preceding the date of shipment and that the fodder and bedding have not been exposed to contamination during that period;”.

Cattle, swine and sheep imported for immediate slaughter.

9. Regulation 23 of the Quarantine (Animals) Regulations is amended by omitting paragraph (b) and inserting in its stead the following paragraph:—

“(b) a certificate by a Government veterinary surgeon—

(i) certifying that the animal was inspected immediately prior to shipment and was free from disease; and

(ii) except in the case of cattle imported from New Zealand, certifying that after due inquiry he is satisfied either that there has been no case of foot and mouth disease in the country from which the animal is exported for three months next preceding the date of shipment, or that the fodder and bedding (being bedding derived from any cereal) accompanying the animal have been obtained from districts which have been free from foot and mouth disease during the period of three months next preceding the date of shipment and that the fodder and bedding have not been exposed to contamination during that period; and”.

Dogs and cats from Great Britain, Northern Ireland, Eire, the Channel Islands and New Zealand.

10. Regulation 24 of the Quarantine (Animals) Regulations is amended by omitting paragraph (b) and inserting in its stead the following paragraph:—

“(b) a certificate by an approved veterinary surgeon at the port of shipment—

(i) certifying that the animal is free from disease; and

(ii) except in the case of dogs and cats imported from New Zealand, certifying that after due inquiry he is satisfied either that there has been no case of foot and mouth disease in the country from which the animal is exported for three months

next preceding the date of shipment, or that the bedding (being bedding derived from any cereal) accompanying the animal has been obtained from districts which have been free from foot and mouth disease during the period of three months next preceding the date of shipment and that the bedding has not been exposed to contamination during that period.”.

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

11. Regulation 26 of the Quarantine (Animals) Regulations is amended by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) a certificate by a responsible Government veterinary surgeon certifying—

(i) that no variety of the disease known as fowl pest exists within fifty miles of the area referred to in paragraph (a) of this regulation; and

(ii) that after due inquiry he is satisfied either that there has been no case of foot and mouth disease in the country from which the bird is exported for three months next preceding the date of shipment, or that the bedding (being bedding derived from any cereal) accompanying the bird has been obtained from districts which have been free from foot and mouth disease during the period of three months next preceding the date of shipment and that the bedding has not been exposed to contamination during that period; and”.

Wild and undomesticated animals imported for scientific or exhibition purposes.

12. Regulation 28 of the Quarantine (Animals) Regulations is amended—

(a) by omitting from paragraph (a) the word “and”; and

(b) by adding at the end thereof the following words:—

“; and

(c) except in the case of animals imported from New Zealand, a certificate by a Government veterinary surgeon certifying that after due inquiry he is satisfied either that there has been no case of foot and mouth disease in the country from which the animal is exported for three months next preceding the date of shipment, or, that the fodder and bedding (being bedding derived from any cereal) accompanying the animal have been obtained from districts which have been free from foot and mouth disease during the period of three months next preceding the date of shipment and that the fodder and bedding have not been exposed to contamination during that period.”.

Domesticated animals imported for exhibition purposes.

13. Regulation 29 of the Quarantine (Animals) Regulations is amended—

(a) by omitting from paragraph (a) the word “and”; and

(b) by adding at the end thereof the following words:—

“; and

(c) except in the case of animals imported from New Zealand, a certificate by a Government veterinary surgeon certifying that after due inquiry he is satisfied either that there has been no case of foot and mouth disease in the country from which the animal is exported for three months next preceding the date of shipment, or that the fodder and bedding (being bedding derived from any cereal) accompanying the animal have been obtained from districts which have been free from foot and mouth disease during the period of three months next preceding the date of shipment and that the fodder and bedding have not been exposed to contamination during that period.”.

Application of Part V.

14. Regulation 51 of the Quarantine (Animals) Regulations is amended by omitting from

paragraph (3) the words “a quarantine station” and inserting in their stead the word “premises”.

Removal of Animals to Registered Premises.

15. Regulation 55 of the Quarantine (Animals) Regulations is amended by inserting after the word

“prohibited” in paragraph 2 the word “shall”.

Treatment of Animals.

16. Regulation 57 of the Quarantine (Animals) Regulations is amended by omitting the words

“while in quarantine”.

Owner of Registered premises to notify sickness, &c., of animals.

17. Regulation 58 of the Quarantine (Animals) Regulations is amended—

(a) by omitting from paragraph (c) the words “(other than animals referred to in the last preceding paragraph)”;

(b) by omitting from paragraph (c) the word “and” and

“and

(e) in the case of a registered theatre, while any animal to which this part applies is on the registered premises, not permit the entrance of any other animal to the premises or the removal of the animal to which this part applies from the premises, without the consent of the Chief Quarantine Officer.”.

Used and secondhand bags.

18. Regulation 68 of the Quarantine (Animals) Regulations is amended—

(a) by omitting from paragraph (1) the words “whether empty or otherwise” and inserting in their stead the words “other than bags containing merchandise”;

(b) by omitting paragraph (2).

Straw packing.

19. Regulation 69 of the Quarantine (Animals) Regulations is amended by adding at the end thereof the following paragraph:—

“Provided that straw packing may be introduced from Great Britain, Northern Ireland, Eire and the Channel Islands, without the declaration of the owner if it is accompanied by a certificate by a responsible Government veterinary surgeon to the effect that there

has been no case of foot and mouth disease in the country from which it is exported for a period of three months next preceding the date of shipment.”.

Meat, edible parts of animals, and animal casings.

20. Regulation 82 of the Quarantine (Animals) Regulations is amended by omitting the whole of the regulation and inserting in its stead the following:—

“82. Meat, edible parts of animals and animal casings shall not be landed unless there has been produced to the Chief Quarantine Officer a certificate by a Government veterinary surgeon certifying—

(a) that the meat, edible parts of animals or animal casings were derived from animals slaughtered in the country in which the certificate is issued;

(b) that the animals from which they were derived were subjected to ante-mortem and post-mortem veterinary inspection at the time of slaughter and were free from contagious and infectious disease; and

(2.) This regulation shall not apply to

(a) the carcasses of birds commonly known as ‘game’ imported from and having their origin in—

(i) Great Britain, Northern Ireland, Eire, the Channel Islands or New Zealand;

(ii) any country other than Great Britain, Northern Ireland, Eire, the Channel Islands or New Zealand provided that all the internal organs and the head and feet have been removed;

(b) fish;

(c) samples of meat, edible parts of animals and animal casings imported subject to the permission of the Chief Quarantine Officer and under such conditions as he may direct.”.

Fees.

21. Regulation 95 of the Quarantine (Animals) Regulations is amended by inserting in paragraph (2) after the words “Zoological garden” the following words “or to any scientific institution approved by the Director of Quarantine”.

22. The Third Schedule of the Quarantine (Animals) Regulations is amended—

(a) by inserting in item 7 after the words “zoological gardens” the following words “or scientific institution approved by the Director of Quarantine”;

(b) by inserting in item 7 after the words “for each animal” the words “or in the case of small animals, as mice or frogs, for each group of animals if approved by the Director of Quarantine”;

(d) by inserting in item 8 after the words “Dogs (less than three months old)” the words “or cats”;

(e) by omitting “8” where appearing for the second time in the first column and inserting in its stead “9”;

(f) by omitting “9” where appearing in the first column and inserting in its stead “10”.

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

Overview

The Quarantine Regulations 1938 were enacted under the Quarantine Act 1908-1924 by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These regulations address the problem of preventing the introduction of contagious animal diseases into Australia by imposing stringent requirements for the importation of animals and animal products. The objective of these regulations is to safeguard Australia's livestock industry and public health by ensuring that animals and animal products imported into Australia are free from specific diseases such as foot and mouth disease, infectious anaemia, dourine, and epizootic lymphangitis. The regulations detail the specific documentation and conditions that must be met for the importation of various animals and animal products from different countries, including certificates from government veterinary surgeons and other health attestations.

Scope and Application

The Quarantine (Animals) Regulations, established under the Quarantine Act 1908-1924, pertain to the importation of animals and animal products into Australia. These regulations specifically apply to horses, asses, mules, cattle, swine, sheep, goats, dogs, cats, poultry, and other animals, as well as animal products such as meat, edible parts, and animal casings. The regulations cover animals from specified countries, including Great Britain, Northern Ireland, Eire, the Channel Islands, Canada, the United States of America, France, Spain, and Portugal. They also address the necessary certifications and conditions that must be met to ensure the animals and products are free from diseases such as foot and mouth disease, infectious anaemia, dourine, and epizootic lymphangitis. The regulations set out geographic restrictions and specific requirements for various types of animals and animal products, with some exemptions and exceptions, such as animals imported from New Zealand. The regulations also include amendments to address changes in disease risks and import conditions, reflecting a dynamic approach to maintaining Australia's biosecurity. The application of these regulations is overseen by the Commonwealth of Australia, ensuring a uniform approach across the nation.

Key Provisions

The primary operative sections of these Regulations amend the Quarantine (Animals) Regulations to establish new requirements for animals, animal products, and other materials entering Australia. For instance, Regulation 11 mandates that horses, asses, and mules from specified regions, including Great Britain and Northern Ireland, must be accompanied by a certificate from a government veterinary surgeon. This certificate must confirm that there have been no cases of foot and mouth disease in the country of origin for the three months preceding shipment or that the fodder and bedding accompanying the animal have been obtained from districts free from the disease and have not been exposed to contamination during that period. Similar certification requirements apply to other animal species, such as cattle, sheep, and swine, as well as for animals imported for exhibition or scientific purposes. The Regulations impose several obligations on the parties involved in the importation of animals and animal products. Importers must ensure that the animals are accompanied by the requisite certificates from government veterinary surgeons or approved veterinary surgeons. These certificates must attest to the absence of specified diseases in the countries of origin and that the animals and their accompanying materials have not been exposed to contamination. Additionally, the Regulations mandate that certain animal products, such as meat and animal casings, must be certified as free from contagious and infectious diseases before being landed in Australia. The Regulations also delineate the consequences for non-compliance. While specific offences and penalties are not explicitly stated in these Regulations, breaches of the Quarantine Act 1908-1924, under which these Regulations are made, can lead to significant civil and criminal penalties. Under the Act, individuals or entities found guilty of contravening the Regulations may be subject to fines and imprisonment. The exact penalties can vary depending on the severity of the breach and may be determined by the courts. Furthermore, failure to comply with the certification and inspection requirements can result in the detention or destruction of the imported animals or products, thereby imposing substantial economic penalties on the importers.

Area of Law: Animal Law
Instrument: Legislative Instrument
Concepts: Reporting & Disclosure Obligations; Enforcement Powers; Licensing & Registration; Definitions & Interpretation; Compliance Obligations

Interactions

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.

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