EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 60
QUARANTINE ACT 1908
QUARANTINE (ANIMALS) REGULATIONS (AMENDMENT)
ISSUED BY THE AUTHORITY OF THE MINISTER FOR HEALTH
Sub-section 87 (1) of the Quarantine Act 1908 provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Sub-regulation 52 (2) of the Quarantine (Animals) Regulations provides that any application for registration of a zoo, circus or theatre must be accompanied by a fee. Sub-regulation 53 (1) and regulation 54 provide that owners of wild, undomesticated or other zoo animals shall enter into bonds to ensure compliance with quarantine requirements. Similarly, under sub-regulations 76 (2), 78 (1) and 79 (2) importers of furred skins and animal hair or bristles and owners of approved tanneries shall enter into bonds.
In view of the recent increases in quarantine penalties for breaches of the Quarantine Act 1908 it is considered appropriate to increase the amounts of the bonds to provide an effective deterrent against possible breaches of the conditions of the bonds. In addition it is considered that by increasing the licence fee for registration of a zoological garden, circus or theatre, applications will be limited to those people who have a serious interest and who would therefore be prepared to provide appropriate facilities, security and care. (The present amounts of the bonds and the licence fee and the proposed increased amounts are shown in the attachment.)
The regulations amend the Quarantine (Animals) Regulations to incorporate the new recommended amounts for the bonds and the new fee to be charged for an application for registration of a zoological garden, circus or theatre.
The regulations also amend Form C of Schedule 1 of the Quarantine (Animals) Regulations to include the new recommended fee level in sub-regulation 52 (2) in Form C.
ATTACHMENT
Regulation | Provision | Present Amount | Proposed Amount |
Sub-regulation 52 (2) | Registration of Zoological gardens, circuses and theatres. | $2.00 | $100.00 |
Sub-regulation 53 (1) | Bond by an owner of registered Zoological garden, circus or theatre. | $200.00 | $1000.00 |
Regulation 54 | Bond by an owner of an animal. | $100.00 | $500.00 |
Sub-regulation 76 (2) | Bond by an importer of furred skins. | $200.00 | $1000.00 |
Paragraph 78 (1) (b) | Bond by an owner of a tannery. | $200.00 | $1000.00 |
Sub-regulation 79 (2) | Bond by an importer of animal hair or bristles. | $100.00 | $1000.00 |
Overview
The Quarantine (Animals) Regulations (Amendment) 2004 were enacted under the authority of the Minister for Health to amend the Quarantine (Animals) Regulations, which are subordinate legislation to the Quarantine Act 1908. The primary aim of these amendments is to address the recent increases in quarantine penalties for breaches of the Quarantine Act 1908 by adjusting the amounts of the bonds required from various stakeholders, including owners of zoos, circuses, and theatres, as well as importers of animal products. The policy objective is to ensure that the increased penalties serve as an effective deterrent against potential breaches and to limit the registration of zoological gardens, circuses, and theatres to those who can afford to provide appropriate facilities, security, and care. The amendments also include an increase in the registration fee for these entities to further ensure that only serious and committed applicants proceed with registration.
Scope and Application
The Quarantine (Animals) Regulations (Amendment) Statutory Rules 1982 No. 60 amends the Quarantine (Animals) Regulations under the authority of the Minister for Health to implement increased financial penalties as a deterrent against breaches of the Quarantine Act 1908. This amendment applies to entities and individuals involved in the operation and management of zoological gardens, circuses, and theatres, as well as importers of furred skins, animal hair or bristles, and owners of approved tanneries. These entities and individuals are required to enter into bonds to ensure compliance with quarantine requirements, and the amendment increases the amounts of these bonds. Furthermore, the amendment increases the licence fee for the registration of zoological gardens, circuses, and theatres in order to limit applications to those who have a serious interest in operating such facilities. The amendment applies nationally, covering the entire Commonwealth of Australia, and is intended to align with the increased penalties for breaches of the Quarantine Act. The amendment does not specify any exclusions, exemptions, or thresholds beyond those already established within the Quarantine Act and its subordinate regulations.
Key Provisions
The Quarantine (Animals) Regulations (Amendment) under the Quarantine Act 1908, particularly through Statutory Rule 1982 No. 60, have been revised to adapt to the recent increases in quarantine penalties. The primary changes involve amendments to the bonds and fees required for the registration and operation of establishments involving animals. Sub-regulation 52(2) now mandates a fee of $100 for the registration of zoological gardens, circuses, and theatres, up from the previous $2. This increase aims to ensure that only those with serious interest and the capacity to provide suitable facilities, security, and care apply for registration. Furthermore, the bonds required from owners of registered zoological gardens, circuses, or theatres, as well as those of animals and importers of furred skins, animal hair, or bristles, have been significantly increased. Specifically, these bonds now range from $500 to $1000, as outlined in sub-regulations 53(1), 54, 76(2), 78(1)(b), and 79(2). These amendments are designed to serve as a deterrent against potential breaches of quarantine conditions, reflecting the elevated penalties for non-compliance.
The obligations under these amended regulations are quite clear and demand strict adherence. Owners and operators of zoological gardens, circuses, and theatres must now provide a higher registration fee and enter into bonds that reflect a significant financial commitment. These bonds act as a guarantee that the entities will comply with all quarantine requirements set forth in the Quarantine Act 1908. Similarly, importers of animal products such as furred skins, animal hair, and bristles are also required to enter into bonds of $1000. These financial commitments underscore the importance of maintaining strict quarantine protocols to prevent the introduction and spread of diseases and pests.
Failure to comply with the requirements of these amended regulations can lead to serious consequences. While the specific civil or criminal penalties for non-compliance are not detailed in the explanatory statement, the increased bond amounts suggest a serious intent to enforce compliance. Breaches of the conditions of the bonds may result in financial penalties, and in severe cases, criminal charges could be pursued. The elevated bond amounts are indicative of the seriousness with which the authorities view compliance with these regulations, implying that penalties could be significant for non-compliance. This serves as a deterrent to ensure that all parties involved adhere strictly to the quarantine requirements.