Quarantine (Animals) Regulations (Amendment)

Overview

Statutory Rules 1977 No. 182, made under the Quarantine Act 1908, address the need for updating and clarifying the types of containers permitted for the transportation of meat and other animal products between Australian ports. Enacted by the Governor-General, with advice from the Federal Executive Council, these regulations aim to enhance the effectiveness of quarantine measures by replacing outdated references to "hermetically sealed cans or tins" with "prescribed containers." This change allows for more contemporary and approved containers, facilitating compliance with modern food safety and quality standards. The policy objective behind these amendments is to ensure that Australia's quarantine regulations remain robust and adaptable to technological advancements in packaging and transportation.

Scope and Application

The Statutory Rules 1977 No. 182, made under the Quarantine Act 1908, amend the Quarantine (Animals) Regulations to update the standards for the transportation of meat between Australian ports. These regulations apply to the masters of overseas vessels that carry Australian meat and must ensure compliance with the updated requirements for prescribed containers. The amendments focus on replacing references to "hermetically sealed cans or tins" with "prescribed containers," which can include cans or tins or other types approved by the Director of Quarantine. This change aims to modernise the regulations and accommodate different types of approved containers while maintaining strict quarantine measures. The scope of the regulation is limited to maritime transport and does not extend to other modes of transport or other types of goods. Additionally, these regulations do not specify any exclusions or exemptions, applying uniformly to all masters of overseas vessels engaged in the specified activities within Australian jurisdiction.

Key Provisions

The main operative sections of these Regulations, specifically under the Quarantine Act 1908, involve amendments to Regulation 82 and Regulation 95a of the Quarantine (Animals) Regulations. Regulation 82 is amended to replace the term "hermetically sealed cans or tins" with "prescribed containers" in several sub-regulations (1), (1a), (1b), and (1c) (1). This amendment also includes the addition of a new sub-regulation (3) that defines "prescribed container" as either a hermetically sealed can or tin, or a hermetically sealed container of a type approved by the Director of Quarantine (3). Regulation 95a is amended to include "or in hermetically sealed containers of a type approved by the Director of Quarantine" in the definition of "meat" in sub-regulation (9) (2). These amendments impose obligations on parties involved in the transportation and storage of Australian meat, edible parts of animals, and other specified items. They require that these items be stored and transported in containers that meet the Director of Quarantine's approval, ensuring that they are hermetically sealed and capable of preventing contamination or infestation. Masters of overseas vessels carrying Australian meat on voyages between Australian ports must also take precautions as outlined in Regulation 95a, including the proper sealing and storage of meat (2). Breaching these regulations can result in various civil and criminal consequences. While the specific penalties are not detailed in the excerpt provided, under the Quarantine Act 1908, violations of quarantine regulations can lead to substantial fines and imprisonment. For instance, the Act stipulates that offences involving the importation of prohibited items can result in penalties that include fines up to $22,000 for individuals and higher amounts for corporations, alongside potential imprisonment terms (Quarantine Act 1908, s. 26). These severe penalties underscore the importance of compliance with the stipulated regulations to prevent the introduction and spread of pests and diseases.