Quarantine (Animals) Regulations (Amendment)

Statutory Rules

1978 No. 114

REGULATIONS UNDER THE QUARANTINE ACT 1908*

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

Dated this twenty-first day of September 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

SGD. RALPH J. HUNT

Minister of State for Health

AMENDMENTS OF THE QUARANTINE (ANIMALS) REGULATIONS†

Interpretation

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

(a) by inserting after the definition of “ certificate by an approved veterinary surgeon ” in sub-regulation (1) the following definition:

“ ‘ Channel Islands ’ means the islands of Guernsey, Jersey, Alderney and Sark and any dependency of any of those islands;”;

(b) by inserting after the definition of “ constable ” in sub-regulation (1) the following definition:

“ ‘ container ship ’ means a ship specially constructed, adapted or equipped for the handling and carrying of containers designed for repeated use as units  of cargo-handling equipment in the course of a transportation system in which goods are transported to, in and from such a ship in such a container;”; and

* Notified in the Commonwealth of Australia Gazette on 26 September 1978.

† Statutory Rules 193.5. No. 71 as amended by Statutory Rules 1936, No. 37; 1937. No. 69; 1938, No. 95; 1939, No. 139; 1941, No. 83; 1942. No. 61; 1944. No. 184; 1946, No. 17; 1950. No. 95; 1953, No. 15; 1955, No. 10; 1956, Nos. 36, 65 and 111; 1958, Nos. 35 and 36; 1959. Nos. 72 and 87; 1960, No. 115; 1961. No. 23; 1966 Nos.14 109, 117 and 155; 1969, No. 98; 1971, No. 72, 1973, No. 179; 1974, No. 260; 1976, Nos. 83 and: 206; and 1977, No. 182.

42260/76 Cat No. —Recommended retail price 20c 14/11.8.1978

(c) by inserting after the definition of “ importer ” in sub-regulation (1) the following definition:

“ ‘ master ’, in relation to a vessel, means—

(a) in the case of a vessel used in navigation by sea, the person (other than a pilot) in charge or command of the vessel; and

(b) in the case of an aircraft, the person in charge or command of the aircraft;”.

Notice of intended importation

2. Regulation 6 of the Quarantine (Animals) Regulations is amended—

(a) by inserting in sub-regulation (1) “ used in navigation by sea ” after “ vessel ” (first occurring);

(b) by omitting from sub-regulation (1) “ of the State or Territory into which the animal is to be imported ” and substituting “ for the animals division of quarantine in the State or Territory where it is proposed to land the animal ”; and

(c) by omitting sub-regulation (2) and substituting the following sub-regulation:

“ (2) Where an animal is to be imported by air, the owner of the aircraft in which the animal is to be transported or his agent shall, not less than 48 hours before, the departure of the aircraft from the airport at which the animal is consigned, give or cause to be given to the Chief Quarantine Officer for the animals division of quarantine in the State or Territory where it is proposed to land the animal notice in writing of the estimated time of that departure, the estimated times of the aircraft’s arrival at and departure from any places at which it is to call before its arrival at the airport at which the animal is to be landed and the estimated time of its arrival at that last-mentioned airport,”.

Dogs and cats

3. Regulation 24 of the Quarantine (Animals) Regulations is repealed and the following regulation substituted:

“ 24. (1) Subject to this regulation, a dog or cat imported from a prescribed, country or place shall not be landed unless the following documents have been delivered to the Chief Quarantine Officer for the animals division of quarantine in the State or Territory where it is proposed to land the animal:

(a) a declaration by the owner of the animal stating that—

(i) the animal has been in the country or place from which it was exported during the whole of the period of 6 months immediately preceding the date of exportation, or since birth;

(ii) to the best of his knowledge and belief, the animal has been free from disease during the whole of the period of 6 months immediately preceding the date of exportation, or since birth;

(iii) to the best of his knowledge and belief, the animal has not, at any time during the period of 6 months immediately preceding the date of exportation, or since birth, been in contact with any animal suffering from disease; and

(iv) in the case of an animal from the United Kingdom, the Channel Islands, Ireland, the Isle of Man, the Independent State of Papua New Guinea, Fiji or the State of Hawaii—the animal has not been in a quarantine establishment administered or supervised by officials of the Government of the country in which the establishment is situated at any time during the period of 6 months immediately preceding the date of exportation, or since birth,

and bearing, in the case of a dog or cat imported from a prescribed country or place other than Norfolk Island, a certificate by an approved veterinary surgeon certifying that, after having made reasonable enquiries, he has no reason to doubt the truth of the statements contained in the declaration;

(b) in the case of a dog or cat imported from a prescribed country or place other than Norfolk Island—a certificate by an approved veterinary surgeon certifying that on a specified date being not earlier than 14 days before the date of exportation he examined the animal thoroughly and he had no reason to suspect that the animal was suffering from any disease;

(c) in the case of a dog imported from the United Kingdom, the Channel Islands, Ireland, the Isle of Man or the State of Hawaii—a certificate by an approved veterinary surgeon certifying that on a specified date being not earlier than 14 days before the date of exportation he subjected the dog to a blood test for leptospirosis and he had obtained a negative result;

(d) in the case of a dog imported from New Zealand—a certificate by an approved veterinary surgeon certifying that the dog was effectively treated for the disease of Multiceps multiceps infestation by an administration, on a specified date or specified dates, of arecoline hydrobromide or another anthelmintic approved by the Director of Quarantine; and

(e) in the case of a dog or cat imported from the United Kingdom, the Channel Islands, Ireland, the Isle of Man, the Independent State of Papua New Guinea, Fiji or the State of Hawaii—a certificate by a person who is—

(i) approved by the Chief Quarantine Officer; or

(ii) employed by an authority, organization or body that is approved by the Chief Quarantine Officer,

certifying that no bedding of cereal origin accompanied the animal on the voyage or flight to Australia.

“ (2) Subject to this regulation, a dog or cat imported by air from New Zealand or Norfolk Island shall not be landed unless the master of the aircraft in which the animal is transported to Australia delivers or causes to be delivered to the Chief Quarantine Officer for the animals division of quarantine in the State or Territory where it is proposed to land the animal a certificate by a person who is—

(i) approved by the Chief Quarantine Officer; or

(ii) employed by an authority, organization or body that is approved by the Chief Quarantine Officer,

certifying that the compartment of the aircraft occupied by the animal was thoroughly treated with an insecticide immediately before and immediately after the animal was loaded into the aircraft.

“ (3) This regulation does not apply in relation to the landing of a dog or cat where the Minister or a person authorized by him—

(a) is satisfied that the dog or cat is to be imported for scientific purposes or in other special circumstances; and

(b) has, by instrument in writing, consented to the importation of the dog or cat,

and that instrument is produced to a quarantine officer or to a Collector within the meaning of the Customs Act 1901.

“ (4) In this regulation, ‘ prescribed country or place ’ means any one of the following, namely, the United Kingdom, the Channel Islands. Ireland, the Isle of Man, New Zealand, the Independent State of Papua New Guinea, Norfolk Island, Fiji or the State of Hawaii.”.

Period of detention in quarantine station or in quarantine

4. Regulation 35 of the Quarantine (Animals) Regulations is amended—

(a) by Inserting in sub-regulation (1) “ appropriate line of the ” after “ days specified in the ”; and

(b) by omitting sub-regulation (2) and substituting the following sub-regulation:

“ (2) If the Chief Quarantine Officer for the animals division of quarantine in the State or Territory where the quarantine station is located is satisfied that—

(a) in the case of an animal other than a dog or cat— the vessel in or on which the animal was transported to Australia did not transport any other animal between intermediate ports during the voyage or flight; or

(b) in the case of a dog or cat—the vessel (being a vessel used in navigation by sea) on which the animal was transported did not, during the voyage, transport any other animal (other than an animal to be imported into Australia or New Zealand) susceptible to rabies and—

(i) the vessel did not call at any intermediate port during the voyage; or

(ii) if the vessel (being a container ship) called at any intermediate port during the voyage—while the vessel was at that port, each dog or cat on the vessel was kept confined below decks,

the animal shall be detained in the quarantine station until the number of days specified in the appropriate line of the third column of the Second Schedule have elapsed since the removal of the animal from the vessel.”.

Second Schedule

5. The Second Schedule to the Quarantine (Animals) Regulations is amended by omitting—

and substituting—

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